Friedman v. Dozorc
Michigan Supreme Court
312 N.W.2d 585 (Mich. 1981)
Dr. Friedman (plaintiff) recommended kidney-stone surgery for Leona Serafin, who died as a result. Attorneys Dozorc and Golden (defendants) brought a wrongful-death malpractice suit against Dr. Friedman on behalf of Serafin's son but produced no expert testimony that he had breached any professional duty, resulting in a directed verdict for Dr. Friedman that the court of appeals affirmed. Dr. Friedman then sued the attorneys for malicious prosecution without alleging any special injury beyond the litigation itself, the trial court granted summary judgment to the attorneys, the court of appeals reversed, and Dr. Friedman's case reached the Michigan Supreme Court.
Whether a plaintiff must allege special injury -- beyond the costs and burdens of the underlying litigation itself -- to maintain a claim for malicious prosecution of a civil action.