Garcia v. Wall & Ochs, Inc.

HOFFMAN, Judge:

Pennsylvania has long followed the “English rule” which requires a plaintiff to prove either an arrest of the person or seizure of property 1 in order to state a cause of action for malicious use of civil process. 2 In this appeal, appellants ask us to reconsider our adherence to this rule. We decline to do so 3 and, therefore, affirm the lower court’s order sustaining appellee’s demurrer.

In the instant complaint, filed on June 25, 1976, appellant-Dr. Garcia averred that he is an opthalmologist in King of Prussia, Montgomery County; that in October, 1974, appel-lee, a…