Eads v. Smith

HOFFMAN, Judge:

Appellant contends that the lower court erred in disallowing the joinder of the additional defendant under Pa.R.C.P. 2252(a). We agree and, accordingly, reverse the order or the lower court.

James C. Eads (hereinafter “plaintiff”) filed a complaint in trespass alleging that, while he was riding his bicycle, he was struck by a motor vehicle owned and operated by appellant, Frederick E. Smith (hereinafter “defendant”), and that he was injured as a result of defendant’s negligence. Defendant thereafter filed a complaint naming Samuel G. Oaten as an additional defendant. Defendant…