Reseña de James Y. Mccullough v. William L. Allen

James Y. Mccullough v. William L. Allen de Court Of Appeals Of Kentucky Resumen del Libro

Doctor James Y. McCullough, M.D., brought this "physicians countersuit" against attorney William L. Allen in response to Allens suit against him on behalf of Linda Petro. Lindas records, which Allen had read, showed that Linda had been involuntarily committed for mental illness from 1965 to 1968, and again from November, 1969, to January, 1970. Linda voluntarily entered Floyd County Hospital on April 30, 1970, to have a baby. The hospital records for May 1, 1970, show Linda was anxious and suspicious of the staff after delivery, and was given Thorazine. On this same day, Linda signed a consent to a tubal litigation. Linda later alleged McCullough coerced her into signing this consent form. Linda continued to get Thorazine, as well as Nembutal, and was kept in a security room until McCullough performed the sterilization on May 4. On learning all this in February of 1975, Allen first filed a petition in the Floyd Circuit Court to restore Lindas competency, under Ind. Code 16-14-16-3. This petition was granted. One year later, after further investigation, Allen filed suit against McCullough on Lindas behalf stating claims for battery, malpractice, and breach of contract. After extensive litigation, summary judgment was entered against Linda, based on a release given by her to Floyd County Memorial Hospital. McCullough then sued Allen for abuse of process and malicious prosecution, claiming that Allen had filed the competency restoration petition only to bolster Lindas case against him, and that Allen had no probable cause to believe Lindas claim merited litigation. The trial court subsequently granted Allens motion for summary judgment, and McCullough appeals, raising two issues:

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