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SMITH v. LUCIA

No. 1 CA-CV 90-323.

173 Ariz. 290 (1992)

842 P.2d 1303

Ronald SMITH, on behalf of himself and the marital community of Ronald Smith and Janice Smith, Plaintiff-Appellee, v. Anthony R. LUCIA and Treon, Strick, Lucia & Aguirre, P.A., Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department C.

Review Denied January 12, 1993.

Attorney(s) appearing for the Case

Charles A. Filler, Scottsdale, for plaintiff-appellee.

Jones, Skelton & Hochuli by Larry J. Cohen, David C. Lewis, Phoenix, for defendants-appellants.

OPINION

TOCI, Judge.

This is an appeal from a jury verdict against Attorney Anthony Lucia, the defendant in this malicious prosecution action.1 The underlying civil suit arose out of an incident in which Lucia's client, Richard Bush, struck the side of a swimming pool while diving from a diving board. Lucia filed suit on behalf of Bush against a number of former owners of the premises, including Ronald Smith, on the theory that...

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