Smith v. Vuicich

Plaintiff appeals from a judgment in the amount of $3,300 entered on a special verdict in favor of defendant on his counterclaim against plaintiff for abuse of process. We affirm.

Plaintiff sued defendant for trespass on her unimproved land. Defendant answered that he crossed the land with a backhoe and tractor in order to reach his backyard to build a swimming pool and that no other approach was feasible. He also claimed that he had plaintiff’s oral consent to do so and denied that plaintiff suffered any damages. Defendant counterclaimed against plaintiff for malicious prosecution and abuse…