Stice v. Leonard

DAVIS, Commissioner.

Irvin Stice, defendant in the trial court in a suit brought against him by Howard Leonard, has undertaken an appeal from an order permitting the plaintiff Leonard to dismiss his action without prejudice. To focus upon the issues at bar, we relate the events which occurred in the trial court.

The plaintiff was an employee of the Department of Highways, and while engaged in the performance of his duties on Highway No. 259, he was struck by an automobile operated by the defendant Stice. The plaintiff instituted this action seeking recovery of $100,000.00 damages for personal…