Labarbera v. Batsch

The proceeding here presented is a motion of the appellee to dismiss this appeal. The action, as originally filed in the trial court, was one founded on a claim for personal injuries and property damage alleged to have been the direct and proximate result of acts of negligence on the part of the defendant in the operation of a motor vehicle. After the plaintiff’s petition was filed, summons issued and service had, as shown by the transcript, the defendant filed a “motion to strike the petition from the file and for summary judgment.” The basis for this motion was that the action was not…