 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
SouthTrust Bank v. Jones3/18/2005
R>
234 Ala. at 479, 175 So. at 299. The Glidden I court found it unnecessary to decide the issue in view of the fact that it held that the attorney's natural mistake was insufficient to support an action based on malicious prosecution. 234 Ala. at 479, 175 So. at 299. In Glidden II, the court implicitly resolved the issue when it reversed the trial court's ruling sustaining a demurrer to the amended complaint.
Conclusion
In summary, we hold that the Bank presented substantial evidence indicating that it was not contributorily negligent in commencing the debt-collection action against Greene; however, even assuming that the Bank was negligent, the result would be the same. The Bank was vicariously liable for the acts of its lawyers when the lawyers pursued the litigation by having Greene served by publication, by taking a default judgment against him, and by recording the judgment. The facts are undisputed that those acts were undertaken in furtherance of the Bank's debt-collection business and were the efficient or proximate cause of Greene's injuries. We conclude that the Bank met its burden of production with respect to the "malice" element of Greene's malicious-prosecution claim. The judgment of the circuit court in favor of the lawyers on the Bank's third-party ALSLA claims is therefore reversed, and the cause is remanded for proceedings consistent with this opinion.
APPELLEES' MOTIONS TO DISMISS DENIED; REVERSED AND REMANDED.
Thompson and Pittman, JJ., concur.
Murdock and Bryan, JJ., concur in the result, without writing.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Alabama Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|