Hart v. O'MALLEY

OPINION

ZAPPALA, Justice.

The question in this appeal is whether Appellees David and Ann Hart may maintain an action for wrongful use of civil proceedings, 42 Pa.C.S. § 8351, against the Appellant, Elizabeth O’Malley, even though they were not named as defendants in the underlying action that they allege was wrongfully brought. Under the facts of this case, we hold that the Harts have stated a cause of action, and therefore affirm the order of Superior Court, which reversed the common pleas court order granting O’Malley’s preliminary objections in the nature of a demurrer.

David and Ann Hart own…