The state Superior Court has allowed a couple’s abuse of process claim to continue against an insurance company that filed a petition to appoint a guardian ad litem to negotiate a post-trial settlement following a $15 million judgment in favor of the couple’s handicapped son.
An en banc panel voted 5-3 to reverse Philadelphia trial court Judge Esther R. Sylvester’s ruling and allow the claim to continue, saying the parents, Jacqueline Nieves Cruz and Oscar Cruz, showed sufficient evidence of harm caused by the filing of the petition, which sought to supercede their parental authority.
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