State Ex Rel. General Electric Co. v. Gaertner

WELLIVER, Judge.

This is an action in prohibition brought by relator General Electric Co., (General Electric) challenging an attempt by Huss-mann Refrigerator Co. (Hussmann) to im-plead it as a third party defendant in a suit pending against Hussmann. The issue *765presented is whether a defendant in a pending tort action can implead a third party defendant after the statute of limitations has run in the underlying suit. This Court issued a provisional writ prohibiting respondent circuit judge from proceeding further in the underlying suit pending resolution of this question. We now quash our…