Grindle

Grindle v. Lorbeer

Good Law
196 Cal. App. 3d 1461·1987 Cal. App. LEXIS 2435·242 Cal. Rptr. 562
Court of Appeal of CaliforniaDecember 16, 1987B019539California2,352 words

Opinion

Opinion

Johnson, J.

—John Grindle appeals from a summary judgment in favor of defendants Wilbur Lorbeer, Fireman’s Fund Insurance Company and the law firm of Beam, DiCaro, D’Anthony and Stafford (Beam law firm). Grindle sustained injuries while golfing at the El Dorado Country Club. Defendant Wilbur Lorbeer owns the pro golf shop at El Dorado and represents El Dorado in this action. Fireman’s Fund provided El Dorado’s public liability insurance and retained defendant Beam law firm to defend its insured. El Dorado’s action for equitable indemnity against Grindle led to the malicious prosecution action below.

The sole issue presented on appeal is whether careless prefiling research constitutes sufficiently unreasonable conduct to permit an inference of actual malice. Under the facts of this case, we conclude it does not. Consequently, we affirm the summary judgment for defendants.

Facts and Proceedings Below

On May 26, 1980, while golfing at El Dorado, John Grindle was hit from behind by an electric golf cart driven by John Lee, sustaining a fractured leg and other injuries. Grindle sued Lee for his injuries. Lee brought a separate action for indemnification from El Dorado on May 20, 1982,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.