Ayyildiz v. Kidd

The plaintiff (Ayyildiz), a licensed physician, was sued unsuccessfully for malpractice by Grubb, one of his patients. The plaintiff then filed a motion for judgment against Grubb’s counsel, Edward S. Kidd, Jr., a licensed attorney.

Count I of this motion, as amended, alleged that Kidd prosecuted the unsuccessful malpractice action without probable cause and with malice. Essentially, this is a “malicious prosecution” action against the attorney or, as the term is sometimes used, “wrongful use of civil proceedings.” For convenience the term “malicious prosecution” will be used in this opinion.…