In this slip-and-fall litigation, the defendant moved for an order declaring the plaintiff a vexatious litigant, which the trial court granted. The Court of Appeals held that the trial court abused its discretion in finding the plaintiff vexatious because, while he had, indeed, brought a number of prior lawsuits (thus satisfying one prong standard), the plaintiff could establish a reasonable probability of success in the pending litigation. Thus, the defendants could not satisfy the second prong of the two-prong test.
