Morrow v. Brown, Todd & Heyburn

GRAVES, Justice.

Len W. Morrow, D.M.D., appeals from a Court of Appeals decision which affirmed the trial court’s order granting summary judgment in favor of Appellees, attorneys John Hays and Richard Plymale, and the law firm of Brown Todd & Heyburn (hereinafter “Brown, Todd”) in an action against them for wrongful use of civil proceedings. For the reasons herein, we reverse and remand.

This case arises out of a prior civil action for medical malpractice filed by W.C. Poe against Dr. Morrow, in the Fayette Circuit Court. Poe had been referred to Dr. Morrow by his general dentist, Dr.…