By: Derek Hawkins//July 26, 2017//
WI Court of Appeals – District I
Case Name: Judith M. Tutkowski, et al. v. James A. Rudesill, et al.
Case No.: 2016AP465
Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.
Focus: Malicious Prosecution Cause of Action
Judith M. Tutkowski commenced this action for malicious prosecution and abuse of process against James A. Rudesill, Attorney Andrew J. Niebler, and Niebler, Pyzyk, Roth & Carrig, Niebler’s law firm (collectively, the defendants). Her claims arise from a prior lawsuit wherein Rudesill sought damages from Tutkowski for intentionally interfering with his prospective inheritance from his mother, June Rudesill, and an action for a temporary restraining order (TRO) against Tutkowski to prevent her from having contact with June. The circuit court dismissed Tutkowski’s claims on summary judgment. We affirm the circuit court dismissing the malicious prosecution cause of action as Tutkowski did not show special damages, but we reverse the dismissal of Tutkowski’s abuse of process cause of action as material issues of fact remain.