Zuicarelli v. Clark

The appellees, State Farm Mutual Auto Insurance Company ("State Farm") and Ophelia Clark, argue that Tina Zuicarelli's counterclaim against them is an action arising out of the alleged wrongful issuance of process, and, regardless of how couched, it is in actuality a claim for malicious prosecution. I agree, and am concerned that the effect of the reversal of the trial court's summary judgment as to this issue is to allow Zuicarelli to substitute the less stringent elements of a claim for negligence for those that our law prescribes with respect to conduct such as that herein at issue.

State…