Hainer v. American Medical International, Inc.

I dissent, in part, because I differ with the portion of the majority’s opinion which bears on the issue of abuse of process. As there was evidence of abuse of process to withstand a directed verdict motion, the trial court properly submitted the issue to the jury. Accordingly, the decision of the Court of Appeals should be reversed.

The leading South Carolina case on the issue of abuse of process is Huggins v. Winn-Dixie Greenville, Inc., 249 S.C. 206, 153 S.E.2d 693 (1967). The case sets forth the following definition of abuse of process:

The essential elements of abuse of process, as the…