Dutt v. Kremp

Rentnelli, treated for meningitis and hydrocephalus in Reno, improved dramatically after later receiving a shunt in Santa Barbara, leading his family to suspect substandard care in Reno. His attorney, Virgil Dutt (defendant), who had never previously brought a medical malpractice case, reviewed Rentnelli's medical records and medical literature but did not consult any medical expert before filing suit against the treating Reno physicians (plaintiffs on this appeal). Opposing counsel suggested submitting the records to a medical review foundation, with Dutt agreeing to dismiss if the review found no negligence; the foundation found no apparent negligence, and Dutt dismissed the suit the next day. The physicians then sued Rentnelli and Dutt for malicious prosecution and abuse of process; a directed verdict was entered for Rentnelli, but a jury found against Dutt, awarding the physicians $40,000. Dutt's post-trial motions were denied, and he appealed.