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the defendant (Konick), and she thereby caused all the consequences and damages of which she now complains.”
Under a plea of collateral or additional estoppel, Konick states that a ruling by the court on February 25, 1983 that determined Kidwell’s interests were “not substantially prejudiced by the conduct” of Konick requires the dismissal of the suit.
In his grounds of defense, Konick denies that he suppressed material evidence in connection with the Spellman case. Konick states that any information that he disclosed was a result of “specific instructions on the part of the plaintiff (Kidwell) who directed him to reveal information to the Special Grand Jury in an effort to avoid indictment.” Konick states in the reply that the court has ruled that the disclosure of the information did not materially prejudice Kidwell's interests.
Konick denies that his actions were done maliciously or with indifference to Kidwell’s rights, that his actions would constitute professional negligence or intentional infliction of emotional distress, and that his actions caused Kidwell to suffer actual damages and emotional distress.
Konick states in his reply that Kidwell has “sustained no damage from any action of the defendant and, as a matter of public policy, should not recover under these circumstances.” Konick then moved that the court dismiss the suit, and award him all his costs and attorneys fees.
Konick is represented by Phillip C. Stone of Wharton, Aldhizer & Weaver Attorneys at Law in Harrisonburg, Va. A court date has not been set.
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