Edwards v. Fox

This appeal is brought by way of certification from the trial court (87 Ill. 2d R 308(a)), and the issue presented is whether, after consolidation of two actions into one, the plaintiff of one of the actions, who is also a third-party defendant in the other action, can voluntarily dismiss his action under section 2 — 1009 of the Code of Civil Procedure (Ill. Rev. Stat. 1981, ch. 110, par. 2 — 1009).

The pertinent procedural facts are not in' dispute. Plaintiff Ronald Edwards and his wife Lodia Edwards were injured in an automobile accident on May 3, 1981. Ronald was the driver of the auto and…