Yeager v. Poole Truck Lines, Inc.

Banke, Judge.

The appellants, Samuel and Peggy Yeager, suffered personal injuries and property damage when their automobile collided with a truck owned by Poole Truck Lines, Inc., and operated by its employee. They appeal from an order of the trial court granting summary judgment to the appellees based on their execution of a general release. Held:

1. The appellees have moved to dismiss the appeal as premature because a counterclaim was pending at the time the notice of appeal was filed. This counterclaim was dismissed voluntarily approximately two weeks later. Where the appeal is too early,…