Meserole v. Lee C. Moore Corp.

Third-party plaintiff, Lloyd Schoenheit Truck and Tractor Service (Schoenheit), appeals from an order of the circuit court of St. Clair County which held that Schoenheit had, with court approval and without objection by third-party defendant, Southern Triangle Oil Company (Southern Triangle), voluntarily dismissed its third-party action with prejudice. We reverse and remand with directions.

David Meserole, an employee of Southern Triangle, was killed at work after being struck in the head by part of a portable oil derrick manufactured by Lee C. Moore Corporation (Moore) as the derrick was…