Iliff v. Richards

In this damage suit arising from a motor vehicle collision, we consider whether the trial court was correct in dismissing one defendant, upon motion of plaintiff at the pleading stage for a voluntary nonsuit, without notice to the other defendant who had previously filed a cross-claim. We think the lower court erred and reverse.

The chronology is important. On August 26,1976, plaintiff-appellee Warren F. Richards was injured while a passenger in a vehicle operated by defendant-appellee Glenn Stark which collided with another vehicle operated by defendant-appellant Ramon Iliff. On August 3,…