Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)

Citation: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Parent Document: Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847 (2001)
Jurisdiction: Rhode Island (state)
Effective Date: 2001-06-26
Original Source: https://www.courtlistener.com/opinion/1515698/kingstown-mobile-home-park-v-st... ↗

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Notwithstanding these findings by the trial justice, Strashnick failed to present any evidence that as a result of Krzak's litigation, he had suffered special injury, a requisite element in a claim of malicious prosecution. Salvadore v. Major Electric & Supply, Inc., 469 A.2d 353, 357 (R.I.1983); Ring v. Ring, 102 R.I. 112, 114-15, 228 A.2d 582, 584 (1967). Because Strashnick did not claim any special injury "beyond the trouble, cost, and other consequences normally associated with defending oneself against an unfounded legal charge," Jacques v. McLaughlin, 121 R.I. 525, 525, 401 A.2d 430, 431 (1979), the award of $920 for attorney's fees as costs resulting from the malicious prosecution was error. Consequently, we sustain Krzak's appeal on this issue and vacate that part of the trial justice's award.

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