Posted on November 30, 2012 in Torts
The tort of “abuse of process” is
defined as “the use of legal process against another primarily to accomplish a
purpose for which it is not designed.” Lerner
v. Lerner, 954 A.2d 1229, 1238 (Pa.Super. 2008). “To establish a claim for abuse of process it
must be shown that the defendant (1) used a legal process against the
plaintiff, (2) primarily to accomplish a purpose for which the process was not
designed; and (3) harm has been caused to the plaintiff.” Id.
(quoting Shiner v. Moriarty, 706 A.2d 1228, 1236 (Pa.Super. 1998)). “The gravamen of the misconduct for which the
liability stated…is imposed is not the wrongful procurement of legal process or
the wrongful initiation of criminal or civil proceedings; it is the misuse of
process, no matter how properly obtained, for any purpose other than that which
it was designed to accomplish.
Therefore, it is immaterial that the process was properly issued, that
it was obtained in the course of proceedings that were brought with probable
cause and for a proper purpose, or even that the proceedings terminated in
favor of the person instituting or initiating them. The subsequent misuse of the process, though
properly obtained, constitutes the misconduct for which the liability is
imposed….” Lerner, supra at 1238-39
(quoting Rosen v. American Bank of Rolla, 627 A.2d 190, 192
“process” as used in the tort of abuse of process “has been interpreted
broadly, and encompasses the entire range of procedures incident to the
litigation process.” Id. For example, “process” for purposes of the
tort, may include discovery proceedings, the noticing of depositions and the
issuing of subpoenas. Id.
“Abuse of process is, in essence, the use of legal process as a tactical
weapon to coerce a desired result that is not the legitimate object of the
process.” Werner v. Plater-Zyberk,
799 A.2d 776, 785 (Pa.Super.
If you think you might have an action for an
abuse of process claim, or if you have been sued for abuse of process, please
contact the experienced lawyers at Sidkoff, Pincus & Green in Philadelphia, who are licensed to practice law in all
courts in Pennsylvania and New Jersey.