Ludmer v. Nernberg

McDERMOTT, Justice,

concurring.

The pertinent language of the Wrongful Use of Civil Proceedings Act1 states:

[A] person who takes part in the procurement, initiation or continuation of [wrongful] civil proceedings against another is subject to liability.

42 Pa.C.S. section 8351(a).

In this case, although one could dispute whether a cause of action should lie for the initiation of suit, there is no doubt that appellant continued his suit after the statutory cause of action was enacted. Because of this fact appellant can be subject to liability.

. Act of Dec. 19, 1980, P.L. 1296, No. 232, Section 1.