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Kit v. Mitchell

In a case arising from a child support action in which defendant attorney represented plaintiff's ex-wife, judgment NOV affirmed because, since jury did not find that attorney committed fraud in failing to disclose his knowledge of a blood test report indicating plaintiff was not the father of the child, the jury could not have reasonably found that attorney committed a wrongful use of civil proceedings.

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J. A01009/01

� 1 Appellant, Michael A. Kit, appeals from an order granting judgment non obstante veredicto (JNOV) entered by the Court of Common Pleas of Delaware County in favor of Appellees, Richard A. Mitchell, Esquire, and the law firms of March, Hurwitz, DeMarco & Mitchell and Cramp, D’Iorio, McConchie & Forbes, P.C., following a trial in which a jury awarded Appellant $100,000. For the reasons set forth below, we affirm.

� 2 The testimony presented at trial established the following complex history of this case. Appellant and Patricia Ritaco (now Patricia Divine) married in 1982 after a four-year courtship. Although the couple had difficulty conceiving a child, apparently because of Appellant’s low sperm count, Patricia became pregnant in 1985. On March 19, 1986, Patricia gave birth to a son, named Michael Kit, Jr. after Appellant who was listed as the father on the child’s birth certificate.

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