Dismissal of wrongful use of civil proceedings claim against attorney affirmed.

On March 6, 2020, the Pennsylvania Superior Court affirmed the trial court’s dismissal of the plaintiff’s wrongful use of civil proceedings claim against a lender and its attorney. This case arose from underlying debt collection litigation in which the attorney ceased prosecuting the matter but did not discontinue the lawsuit. The case was terminated by the court due to inactivity. Because the plaintiff could not demonstrate the absence of probable cause for initiating and continuing the litigation, the trial court held that it was not a violation of Pennsylvania’s wrongful use of civil proceedings statute (42 Pa. C.S. § 8351, et seq.) if an attorney fails to discontinue litigation even if there was no intention to prosecute further. Section 8351 provides: "A person who takes part in the procurement, initiation or continuation of civil proceedings against another is subject to liability to the other for wrongful use of civil proceedings if: (1) He acts in a grossly negligent manner or without probable cause and primarily for a purpose other than that of securing the proper discovery, joinder of parties or adjudication of the claim in which the proceedings are based; and (2) The proceedings have terminated in favor of the person against whom they are brought." In Garges, the plaintiff could not demonstrate that she did not owe the debt. Further, the court held that the plaintiff could have moved the matter to its conclusion herself.

_{Case Law Alerts, 3rd Quarter, July 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}