Martinelli v. Mulloy

Opinion by

Spaulding, J.,

Appellant Sandra Fry Mnlloy and Rose Christaldi were sued as defendants in an action brought by Marie Belfiglio Martinelli to recover for injuries sustained in a 1966 collision of automobiles driven by Mulloy and Christaldi. Immediately after the case was called to trial in 1970 by Judge Paul R. Sand of the Court of Common Pleas of Delaware County, hut prior to the selection of a jury, counsel for plaintiff Martinelli moved orally in chambers to discontinue the suit against Christaldi. He claimed that evidence obtained in discovery indicated that the negligence of…