Dragonetti claim in Pennsylvania

2020A. Arguments of the D’Annunzio and Messa appellants With respect to the first issue before this Court, the D’Annunzio appellants assert Superior Court precedent provides the “procurement, initiation or continuation of civil proceedings” for purposes of Dragonetti Act liability requires filing a “civil action.” The D’Annunzio appellants submit a “civil action” is not “each individual motion within a case.” [J-53A-2020 and J-53B-2020] - 10 Brief of D’Annunzio Appellants at 35, citing Rosen, 627 A.2d at 193 (dismissing Dragonetti claim because “essence of the tort is the institution of a civil ac

2020A. Arguments of the D’Annunzio and Messa appellants With respect to the first issue before this Court, the D’Annunzio appellants assert Superior Court precedent provides the “procurement, initiation or continuation of civil proceedings” for purposes of Dragonetti Act liability requires filing a “civil action.” The D’Annunzio appellants submit a “civil action” is not “each individual motion within a case.” [J-53A-2020 and J-53B-2020] - 10 Brief of D’Annunzio Appellants at 35, citing Rosen, 627 A.2d at 193 (dismissing Dragonetti claim because “essence of the tort is the institution of a civil ac

2020The Superior Court then turned to the second issue before it, i.e., whether Raynor and her firm lacked standing to bring a Dragonetti action against plaintiffs’ counsel because those lawyers were not “parties” to the underlying medical malpractice action. 5The Superior Court affirmed the trial court’s dismissal of the counts alleging wrongful use of civil proceedings and abuse of process, but there was no appeal of that decision and dismissal of those counts is not before us. [J-53A-2020 and J-53B-2020] - 9 The panel acknowledged Superior Court precedent that a Dragonetti claim “‘cannot be mai

2020The Superior Court then turned to the second issue before it, i.e., whether Raynor and her firm lacked standing to bring a Dragonetti action against plaintiffs’ counsel because those lawyers were not “parties” to the underlying medical malpractice action. 5The Superior Court affirmed the trial court’s dismissal of the counts alleging wrongful use of civil proceedings and abuse of process, but there was no appeal of that decision and dismissal of those counts is not before us. [J-53A-2020 and J-53B-2020] - 9 The panel acknowledged Superior Court precedent that a Dragonetti claim “‘cannot be mai

2020A. Arguments of the D’Annunzio and Messa appellants With respect to the first issue before this Court, the D’Annunzio appellants assert Superior Court precedent provides the “procurement, initiation or continuation of civil proceedings” for purposes of Dragonetti Act liability requires filing a “civil action.” The D’Annunzio appellants submit a “civil action” is not “each individual motion within a case.” [J-53A-2020 and J-53B-2020] - 10 Brief of D’Annunzio Appellants at 35, citing Rosen, 627 A.2d at 193 (dismissing Dragonetti claim because “essence of the tort is the institution of a civil ac

2020A. Arguments of the D’Annunzio and Messa appellants With respect to the first issue before this Court, the D’Annunzio appellants assert Superior Court precedent provides the “procurement, initiation or continuation of civil proceedings” for purposes of Dragonetti Act liability requires filing a “civil action.” The D’Annunzio appellants submit a “civil action” is not “each individual motion within a case.” [J-53A-2020 and J-53B-2020] - 10 Brief of D’Annunzio Appellants at 35, citing Rosen, 627 A.2d at 193 (dismissing Dragonetti claim because “essence of the tort is the institution of a civil ac

2020A. Arguments of the D’Annunzio and Messa appellants With respect to the first issue before this Court, the D’Annunzio appellants assert Superior Court precedent provides the “procurement, initiation or continuation of civil proceedings” for purposes of Dragonetti Act liability requires filing a “civil action.” The D’Annunzio appellants submit a “civil action” is not “each individual motion within a case.” [J-53A-2020 and J-53B-2020] - 10 Brief of D’Annunzio Appellants at 35, citing Rosen, 627 A.2d at 193 (dismissing Dragonetti claim because “essence of the tort is the institution of a civil ac

2020A. Arguments of the D’Annunzio and Messa appellants With respect to the first issue before this Court, the D’Annunzio appellants assert Superior Court precedent provides the “procurement, initiation or continuation of civil proceedings” for purposes of Dragonetti Act liability requires filing a “civil action.” The D’Annunzio appellants submit a “civil action” is not “each individual motion within a case.” [J-53A-2020 and J-53B-2020] - 10 Brief of D’Annunzio Appellants at 35, citing Rosen, 627 A.2d at 193 (dismissing Dragonetti claim because “essence of the tort is the institution of a civil ac

2013Ludmer, supra. Therefore, we conclude that Appellant’s “[Dragonetti] cause of action [has] not accrue[d].... ” Id.; see also D’ Elia, supra. As a result, we further conclude the trial court did not legally err or abuse its discretion when it sustained Appellees’ preliminary objections and ordered the Dragonetti claim struck from the Appellant’s complaint.

2013Ludmer, supra. Therefore, we conclude that Appellant’s “[Dragonetti] cause of action [has] not accrue[d].... ” Id.; see also D’ Elia, supra. As a result, we further conclude the trial court did not legally err or abuse its discretion when it sustained Appellees’ preliminary objections and ordered the Dragonetti claim struck from the Appellant’s complaint.

2025Section 8351 of the Judicial Code sets forth the civil action of wrongful use of civil proceedings, commonly referred to as a Dragonetti claim: (a) Elements of action.--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: (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 proce

2025Section 8351 of the Judicial Code sets forth the civil action of wrongful use of civil proceedings, commonly referred to as a Dragonetti claim: (a) Elements of action.--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: (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 proce

2023As we noted supra, while the existence of probable cause in a Dragonetti action is generally a question of law for the court, it “may be submitted to the jury when facts material to the issue of probable cause are in controversy.” Broadwater, 725 A.2d at 782 (emphasis & citation omitted).

2023Moreover, JNOV “may not be employed to invade the province of the jury[; t]hus, questions of fact must be resolved by the jury.” Ludmer v. Nerberg, 640 A.2d 939, 942 (Pa. Super. 1994). (c) Underlying Cause of Action In the present case, Stewart does not challenge the first two elements of the Dragonetti claim ─ that is, he “initiated or continued” civil proceedings against Rubin, and those proceedings were terminated in Rubin’s favor.

2023Moreover, JNOV “may not be employed to invade the province of the jury[; t]hus, questions of fact must be resolved by the jury.” Ludmer v. Nerberg, 640 A.2d 939, 942 (Pa. Super. 1994). (c) Underlying Cause of Action In the present case, Stewart does not challenge the first two elements of the Dragonetti claim ─ that is, he “initiated or continued” civil proceedings against Rubin, and those proceedings were terminated in Rubin’s favor.

2020See, e.g., Hvizdak v. Linn, 190 A.3d 1213 (Pa. Super. 2018) (affirming grant of preliminary objection to Dragonetti claim; “We further note that our [earlier] memorandum in [appellee’s] appeal does not state or suggest that [the] -6- J-A08035-20 appeal was frivolous or in bad faith.”), rearg. denied (Aug. 21, 2018), appeal denied, 204 A.3d 364 (Pa. 2019).

2020“Absence of probable cause is an indispensable element of a Dragonetti claim.” Keystone Freight Corp. v. Stricker, 31 A.3d 967, 972 (Pa. Super. 2011).

2020“Absence of probable cause is an indispensable element of a Dragonetti claim.” Keystone Freight Corp. v. Stricker, 31 A.3d 967, 972 (Pa. Super. 2011).

2014See ibid.

2014See ibid.

2013See Conway, supra. In his second issue, Appellant avers that the trial court erred in granting Appellees’ motions for summary judgment as to his abuse of process claim.

2013See Conway, supra. In his second issue, Appellant avers that the trial court erred in granting Appellees’ motions for summary judgment as to his abuse of process claim.

2008Thus, the plaintiff in a Dragonetti action must show that he or she prevailed in the underlying action, that the Dragonetti defendants acted in a grossly negligent manner or without probable cause in pursuing the underlying action, and that they had an improper purpose in doing so.” Schmidt v. Currie, 470 F. Supp.2d 477, 480 (E.D.

2002See, e.g., Kelly-Springfield Tire Co. v. D’Ambro, 408 Pa.Super. 301 , 596 A.2d 867 (1991) (reinstating complaint asserting torts claims, including a Dragonetti claim, predicated on acts that occurred during federal litigation in the United States District Court for the Eastern District of Pennsylvania); Rosen v. Tesoro Petroleum Corporation, 399 Pa.Super. 226 , 582 A.2d 27 (1990) (wherein the Court of Common Pleas of Philadelphia County exercised jurisdiction over tort claims for abuse of process, malicious prosecution, malicious misuse of criminal proceedings and civil conspiracy predicated o

2002See, e.g., Kelly-Springfield Tire Co. v. D’Ambro, 408 Pa.Super. 301 , 596 A.2d 867 (1991) (reinstating complaint asserting torts claims, including a Dragonetti claim, predicated on acts that occurred during federal litigation in the United States District Court for the Eastern District of Pennsylvania); Rosen v. Tesoro Petroleum Corporation, 399 Pa.Super. 226 , 582 A.2d 27 (1990) (wherein the Court of Common Pleas of Philadelphia County exercised jurisdiction over tort claims for abuse of process, malicious prosecution, malicious misuse of criminal proceedings and civil conspiracy predicated o