Cooper v. Pirelli Cable Corp.

Opinion

BYRNE, J. *

The issue presented in this appeal is whether a defendant in a small claims action may sue for malicious prosecution after he has successfully appealed a small claims judgment in the superior court, We hold that an action for malicious prosecution following a small claims appeal is precluded by the judicially created rule prohibiting actions for malicious prosecution founded on small claims and by the rule creating a conclusive presumption of probable cause based on a recovery by a plaintiff in an original action.

Facts

On September 26, 1979, Pirelli Cable Corporation…