Detenbeck v. Koester
Texas Court of Appeals
886 S.W.2d 477 (1994)
Relevant factsFree
Koester (defendant), unable to find an expert supporting her claim that Dr. Detenbeck (plaintiff) had negligently performed her knee surgery, nonetheless sued him for malpractice through attorney Houssiere (defendant), and years later Houssiere threatened to force a trial to pressure a settlement before the parties dismissed the suit with prejudice; Detenbeck then sued Koester and Houssiere for abuse of process, and the trial court dismissed for failure to state a claim.
IssueFree
Whether a patient's frivolous malpractice suit against a doctor for the sole purpose of forcing a settlement constitutes abuse of process.