Legal Question in Personal Injury in New Jersey

Malicious Prosecution

My wife and I were driving with our 3 mo. old son through a parking lot. A vehicle was tailgating dangerously close, causing concern to us for our sons saftey. My wife tried tapping on the brakes and waving her off to no avail. When we pulled down an aisle to park, the woman attempted to pass us (in the aisle) causing my wife to pull forward to avoid a collision. I exited my vehicle and the woman exited hers. We exchanges heated words before getting back into our cars. The woman had called the police claiming we had "harassed" her and made her afraid. Please note that at no time did my wife or I threaten or make any moves that would make her believe she was going to be hurt. She went to the prosecuters office and signed a complaint againts me. I believe by the way she was acting that the whole incident was a set up for a lawsuit. My first question is can I sue her for malicious prosecution? and, going by the few facts (there are more) that are listed here, does she have any real grounds to sue us?


Asked on 3/28/00, 8:37 pm

1 Answer from Attorneys

Re: Malicious Prosecution

If someone walks on your lawn, you may be able to sue them in tresspass, but if you win, you'l likely get a $1 verdict unless there were some egregious circumstances. Could she sue you? possibly, but unless there are circumstance you haven't statred, it will be her word against yours.

As far as theunderlying complaint goes, swear out a complaint against her for tailgating and/or possibly careless driving. This will likely go to community arbitration and go away. This is a BS pain in the ass, but sometimes that's what we have to deal with.

My advice, think good thoughts, and don't let this negative energy consume you or take up too much of your time. This woman is probably home making herself sick about this. Let that be her punishment. If you want this to upset her more, act like it doesn't bother you. This is better for you, and IT WILL bother her. Remember, "the best revenge is living well and being happy". DO NOT GIVE HER WHAT SHE WANTS, attention and the pleasure of exercising what she percieves as control over others.

When you look to peoples motivation, you see many people are very unhappy, and they act to spread this... DON'T let them. YOU enjoy the day, and treat others as you want to be treated. You'll feel better, and negative people will stay away from you... When you stand back, these people are really pathetic... feel sorry for them.

I'm done sewing 'happyness and sunshine'. I'm right, she's a sick bit__, and all you can do is take care of you and your wife, so do it.

Kevin J. Begley

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Answered on 3/30/00, 1:50 pm


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