Smith v. Lucia

OPINION

TOCI, Judge.

This is an appeal from a jury verdict against Attorney Anthony Lucia, the defendant in this malicious prosecution action. 1 The underlying civil suit arose out of an incident in which Lucia’s client, Richard Bush, struck the side of a swimming pool while diving from a diving board. Lucia filed suit on behalf of Bush against a number of former owners of the premises, including Ronald Smith, on the theory that one of them either created or concealed a dangerous condition on the premises. Four months after Smith had been served, Lucia concluded that Smith probably did not…