Elliot H. Himmelfarb, M.D. v. Tracy R. Allain

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE April 13, 2011 Session ELLIOT H. HIMMELFARB, M.D. ET AL. v. TRACY R. ALLAIN Appeal from the Circuit Court for Williamson County No. 07454 Robbie T. Beal, Judge No. M2010-02401-COA-R10-CV - Filed June 9, 2011 Two physicians filed this malicious prosecution action against a former patient after she voluntarily dismissed, without prejudice, a medical malpractice action she filed against them. The defendant, the former patient, moved for summary judgment asserting that the plaintiffs could not prove the essential elements of a malicious…