Pasek v. Playtime Kiddiewear, Inc.

In this personal injury action, plaintiff, a cab driver, claimed that he had stopped to pick up a passenger, and was struck in the rear by a vehicle owned by defendant Playtime and operated by German, which had been struck in the rear by Duvall’s vehicle. German and Duvall each testified that plaintiff’s cab passed them on the right side, cut them off, and came to a sudden stop in front of them to pick up a fare.

The trial court committed no error in granting defendants German’s and Playtime’s motion to dismiss the verified complaint as against them at the conclusion of trial. Since German was…