McMillon v. Hunter

The issue presented in this case is whether a third-party complaint can be dismissed with prejudice on summary judgment because it was improperly filed. We reverse the trial court's grant of summary judgment.

The relevant facts are as follows. Appellant was injured in an automobile accident involving appellee. Because of confusion and disagreement between appellant and Allstate Insurance Company, appellee's insurer, over responsibility for appellant's medical treatment, the medical provider's bills were not paid. The medical provider filed suit against appellant and Allstate for payment.…