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Hart v. O'Malley

In action brought pursuant to Wrongful Use of Civil Proceedings Act (Dragonetti Act), grant of judgment n.o.v. in favor of defendant on issue of punitive damages vacated because jury's award was appropriate given its finding of a violation of the Dragonetti Act, and award was supported by evidence of record.

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OPINION

�1 Appellants David L. Hart (“David”) and Ann B. Hart (“Ann”) (collectively “the Harts”), appeal from the September 20, 1999 Order of the trial court, which granted judgment n.o.v. in favor of Appellee Elizabeth O’Malley (“O’Malley”) on the issue of punitive damages in this action for wrongful use of civil proceedings pursuant to the Wrongful Use of Civil Proceedings Act (“the Dragonetti Act”), 42 Pa.C.S.A. �� 8351-8354. O’Malley cross-appeals from the final Judgment entered against her and in favor of the Harts in the same action. *fn1 We vacate the judgment and reverse the Order dated September 20, 1999, and remand this case for reinstatement of the punitive damage award. Jurisdiction relinquished.

�2 The relevant facts and procedural history of this case are as follows. David and Ann own a parcel of land in Susquehanna County, on which a mobile home park, Montrose Terrace Park (“park”), was developed in three separate sections. O’Malley’s property is located closest to Section I, however, her property does not adjoin any section of the park. David began developing Section I of the park in 1972. In 1985, the park was expanded to 55 units. This expansion is referred to as Section II. In August of 1991, the Harts desired to increase the number of units in the park. They submitted a plan to the Susquehanna County Planning Commission for the necessary approval of the expansion, known as Section III.

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