O'TOOLE v. Franklin

I

In a number of recent decisions, this court has followed the "English rule,” first adopted in this state in 1896, that an action for the malicious prosecution of civil proceedings requires a showing of "special injury” beyond the trouble, cost, and other consequences normally associated with defending oneself against unfounded legal charges. Mitchell v. Silver Lake Lodge, 29 Or 294, 45 P 798 (1896) (wrongful attachment); Buck v. Gale, 271 Or 90, 530 P2d 1248 (1975), and cases there cited. The present appeal asks us to reconsider this rule.

The appeal is from an order sustaining a demurrer to…