HOUSE AMENDED
PRIOR PRINTER'S NO. 1733, 2094 PRINTER'S NO. 2184
No. 1367 Session of 1980
INTRODUCED BY STAUFFER, HAGER, COPPERSMITH AND KELLEY,
APRIL 8, 1980
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 17, 1980
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, creating a statutory
3 cause of action for wrongful use of civil proceedings.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Chapter 83 of Title 42, act of November 25, 1970
7 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, is amended by adding a subchapter to read:
9 CHAPTER 83
10 PARTICULAR RIGHTS AND IMMUNITIES
11 * * *
12 SUBCHAPTER E
13 WRONGFUL USE OF CIVIL PROCEEDINGS <--
14 Sec.
15 8351. Wrongful use of civil proceedings.
16 8352. Existence of probable cause.
17 8353. Damages.
1 8354. Burden of proof. <--
2 § 8351. Wrongful use of civil proceedings.
3 (a) Elements of action.--A person who takes IS A PARTY OR <--
4 ATTORNEY OF RECORD OR WHO OTHERWISE TAKES AN ACTIVE AND
5 SUBSTANTIAL part in the procurement, initiation or continuation
6 of civil proceedings against another is subject to liability to
7 the other for wrongful use of civil proceedings IF: <--
8 (1) he acts in a grossly negligent manner or WITH MALICE <--
9 AND without probable cause and primarily for a purpose other
10 than that of securing the proper discovery, joinder of
11 parties or adjudication of the claim in which the proceedings
12 are based; and
13 (2) the proceedings have terminated in favor of the
14 person against whom they are brought.
15 (b) Arrest or seizure of person or property not required.--
16 The arrest or seizure of the person or property of the plaintiff
17 shall not be a necessary element for an action brought pursuant
18 to this subchapter.
19 § 8352. Existence of probable cause.
20 A person who takes IS A PARTY OR ATTORNEY OF RECORD OR WHO <--
21 OTHERWISE TAKES AN ACTIVE AND SUBSTANTIAL part in the
22 procurement, initiation or continuation of civil proceedings
23 against another has probable cause for doing so if he reasonably
24 believes in the existence of the facts upon which the claim is
25 based, and either:
26 (1) reasonably believes that under those facts the claim
27 may be valid under the existing or developing law;
28 (2) believes to this effect in reliance upon the advice
29 of counsel, sought in good faith and given after full
30 disclosure of all relevant facts within his knowledge and
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1 information; or
2 (3) believes as an attorney of record, in good faith
3 that his procurement, initiation or continuation of a civil <--
4 cause PROCEEDINGS is not intended to merely harass or <--
5 maliciously injure the opposite party.
6 § 8353. Damages.
7 When the essential elements of an action brought pursuant to
8 this subchapter have been established as provided in section
9 8351 (relating to wrongful use of civil proceedings), the
10 plaintiff is entitled to recover for the following: <--
11 (1) The harm normally resulting from any arrest or
12 imprisonment, or any dispossession or interference with the
13 advantageous use of his land, chattels or other things,
14 suffered by him during the course of the proceedings.
15 (2) The harm to his reputation by any defamatory matter
16 alleged as the basis of the proceedings.
17 (3) The expense, including any reasonable attorney fees,
18 that he has reasonably incurred in defending himself against
19 the proceedings.
20 (4) Any specific pecuniary loss that has resulted from
21 the proceedings.
22 (5) Any emotional distress that is caused by the
23 proceedings.
24 (6) Punitive damages according to law in appropriate
25 cases.
26 § 8354. Burden of proof.
27 In an action brought pursuant to this subchapter the
28 plaintiff has the burden of proving, when the issue is properly
29 raised, that:
30 (1) The defendant has procured, initiated or continued
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1 the civil proceedings against him.
2 (2) The proceedings were terminated in his favor.
3 (3) The defendant did not have probable cause for his
4 action.
5 (4) The primary purpose for which the proceedings were
6 brought was not that of securing the proper discovery,
7 joinder of parties or adjudication of the claim on which the
8 proceedings were based.
9 (5) The plaintiff has suffered damages as set forth in
10 section 8353 (relating to damages). THE EXPENSE, INCLUDING <--
11 ANY REASONABLE ATTORNEY FEES THAT HE HAS REASONABLY INCURRED
12 IN DEFENDING HIMSELF AGAINST THE WRONGFULLY INITIATED
13 PROCEEDINGS, AS WELL AS SUCH DAMAGES AS MAY OTHERWISE BE
14 AWARDED FOR AN INTENTIONAL TORT.
15 Section 2. This act shall take effect in 60 days and shall
16 be applicable to causes of action accruing thereafter.
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