Kerlik v. Jerke

— Respondent Kerlik, plaintiff below, sued appellants Jerke and Wilcox, defendants below, for damages resulting from an automobile collision. Appellants cross-complained against the respondent. The case is here on appeal from an order (mislabeled “Order Granting Sum mary Judgment”; see Maybury v. Seattle, 53 Wn. (2d) 716, 336 P. (2d) 878) dismissing appellants’ cross-complaint, which order became a final judgment because of the subsequent settlement and dismissal of the respondent’s action against appellants, leaving nothing remaining for trial. 2

Appellants contend that the proofs disclose a…