EADS v. SMITH


276 Pa.Super. 129 (1980)

419 A.2d 129

James C. EADS v. Frederick E. SMITH and Samuel G. Oaten, Additional Defendant. Appeal of Frederick E. SMITH.

Superior Court of Pennsylvania.

Filed March 14, 1980.


Attorney(s) appearing for the Case

David L. Shenkle, Doylestown, for appellant.

Alan Dion Morrisville, for appellees.

Before HESTER, HOFFMAN and CATANIA, JJ.


HOFFMAN, Judge:

Appellant contends that the lower court erred in disallowing the joinder of the additional defendant under Pa.R.C.P. 2252(a). We agree and, accordingly, reverse the order or the lower court.

James C. Eads (hereinafter "plaintiff") filed a complaint in trespass alleging that, while he was riding his bicycle, he was struck by a motor vehicle owned and operated by appellant, Frederick E. Smith (hereinafter "defendant"), and that he was injured...

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