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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This Court has previously defined malicious prosecution 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.” Clyne v. Doyle, 740 A.2d 781, 782 (R.I.1999) (per curiam) (quoting Hillside Associates v. Stravato, 642 A.2d 664, 667 (R.I.1994)). To establish malice, it must be shown that “ ‘the person initiating the original action was primarily motivated by ill will or hostility or [regardless of such motivation] did not believe that he or she would succeed in that action,’ ” id. at 783, and that “the prior suit resulted in a special injury to the defendant therein.” Nagy v. McBurney, 120 R.I. 925, 929 n. 1, 392 A.2d 365, 367 n. 1 (1978).

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