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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hoffman v. Davenport-Metcalf, 851 A.2d 1083 (2004)

Citation
Hoffman v. Davenport-Metcalf, 851 A.2d 1083 (2004)
Parent Document
Hoffman v. Davenport-Metcalf, 851 A.2d 1083 (2004)
Jurisdiction
Rhode Island (state)
Effective Date
2004-06-21

Other Sections in This Document (104)

Full Text

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“Malicious prosecution is defined as ‘a suit for damages resulting from a prior criminal or civil legal proceeding that was instituted maliciously and without probable cause, and that terminated unsuccessfully for the plaintiff therein.’ ” Toste Farm Corp. v. Hadbury, Inc., 798 A.2d 901, 907 (R.I.2002) (quoting Kingstown Mobile Home Park v. Strashnick, 774 A.2d 847, 858 (R.I.2001)). “Furthermore, ‘an action for malicious prosecution based on a prior civil suit may be maintained only where it is established that the prior suit resulted in a special injury to the defendant in that suit.’ ” Id. (quoting Ring v. Ring, 102 R.I. 112, 114-15, 228 A.2d 582, 584 (1967)).