Benner v. Interrante

DAVENPORT, J.,

HISTORY OF CASE

This suit results from an automobile collision which occurred on July 23, 1978 in Upper Salford Township, Montgomery County, Pa. After negotiations with Amy White, a passenger in defendant’s vehicle, plaintiff paid her a certain sum in settlement. Now plaintiff seeks contribution from defendant.

On July 22, 1980, one day before the statute of limitations was to run, plaintiff filed a complaint against defendant. Service was made after the statute had run. Eventually, defendant filed an answer and counterclaim in trespass seeking damages for personal and property…