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ESTRIDGE v. HOUSECALLS HEALTHCARE GRP., INC

Supreme Court of North Carolina
Dec 1, 1999

Evidence — malicious prosecution — employer's Medicaid overbilling — malice

The decision of the Court of Appeals in this case is reversed for the reason stated in the dissenting opinion that evidence of defendant employer's over-billing practices for Medicaid was relevant in a malicious prosecution action to show malice.

Justice MARTIN did not participate in the consideration or decision of this case.

PER CURIAM.

As to the issue regarding the admission of Robert Nowell's testimony, the decision of the Court of Appeals is reversed for the reasons stated in Chief Judge Eagles' dissent.

REVERSED.

Justice MARTIN did not participate in the consideration or decision of this case.