Kerry Coal Co. v. Beckwith Machinery Co.

I dissent from the majority’s restrictive interpretation of our rules of civil procedure which deprives an additional defendant of the opportunity to join other defendants.

According to the majority, Robert Grieff, the second additional defendant, erred when he attempted to join as additional defendants, E.F. Johnson Company, the manufacturer of the radio. The majority bases its decision on Pa.R.C.P. 2253. In this writer’s view, the majority overlooks a basic principle. That is, the rules of civil procedure “shall be liberally construed to secure the just, speedy and inexpensive determination…