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Kurinsky v. Natl. Cable Television Assn.11/14/1994
CTA and Allen when there was no evidence appellees actually used process.
The majority in the case sub judice, however, authorizes the prosecution of a civil suit against a party who is engaged merely as an expert witness, i.e., against a party who is consulted for an expert opinion and/or perhaps to testify at trial. Should such authorization be allowed to continue under the guise of abuse of process, e.g., in medical malpractice cases, I submit the use of expert witnesses will not only be diminished but also may ultimately become nonexistent. In all practicality, to permit an expert witness to be sued for merely providing an expert opinion would be ludicrous if it were not so absurd.
Based upon the foregoing analysis, I would affirm the trial court's grant of summary judgment to Allen and to NCTA in the case sub judice and, therefore, I respectfully dissent from the majority opinion. |