Catello v. I.T.T. General Controls

Opinion

COUZENS, J. *

Defendant appeals from the trial court’s order striking its cost bill submitted following the voluntary dismissal of a complaint in intervention. We will reverse.

Facts

Ernest Catello was injured when an oven exploded at his place of employment. He filed a complaint for personal injuries against I.T.T. General Controls (I.T.T.) as manufacturer of the defective oven. Thereafter, Liberty Mutual Insurance Company (Liberty Mutual), the workers’ compensation carrier for Catello’s employer, filed its complaint in intervention to recover some $31,000 in benefits paid Catello.

On the…