Gillikin v. Pierce

GREENE, Judge.

Defendant appeals the trial court’s denial of defendant’s motion to dismiss plaintiffs personal injury complaint.

Defendant Pierce (“Pierce”) was the driver of a car which collided with a car that plaintiff Gillikin (“Gillikin”) was driving. Originally, Pierce instituted a lawsuit for personal injury against Gillikin, alleging Gillikin’s negligence. Gillikin answered Pierce’s complaint, denied negligence and counterclaimed against Pierce for Pierce’s negligence in causing the accident. Each alleged that the other had negligently crossed the center line of the road, causing the…