Brown ex rel. Brown v. United States Marble

LETTS, Judge.

In this slip and fall case, the injured plaintiff sued both the owner of the premises and the manufacturer of the floor tiles. After the complaint was filed, it was discovered that the corporate floor tile manufacturer, named as defendant, was not in existence on the date of the accident, though its dissolved predecessor had been owned by members of the same family. Upon making this discovery, admittedly after some strong advice from the trial judge, the plaintiff entered a voluntary dismissal against the corporate-successor tile manufacturer. Thereafter, the trial judge awarded…