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MARRA v. SMITHKLINE BEECHAM CORP.

789 A.2d 704 (2001)

Frank MARRA and Lydia Marra, Appellee v. SMITHKLINE BEECHAM CORPORATION, Appellant. Nancy Vroom, Appellee v. Smithkline Beecham Corporation. Jonathan & Lorinda Taylor, H/W Appellees v. Smithkline Beecham Corporation, Appellant.

Superior Court of Pennsylvania.

Filed December 28, 2001.

Attorney(s) appearing for the Case

Leslie E. John, Philadelphia, for appellant.

Stephen A. Sheller and Albert J. Brooks, Philadelphia, for appellees.

Before JOHNSON, TODD, and KELLY, JJ.

KELLY, J.

¶ 1 In this appeal we must decide whether a plaintiff may voluntarily discontinue a case where the discontinuance ultimately allows the plaintiff to avoid a previous jury trial waiver. We hold that under the applicable rules of civil procedure, a plaintiff may voluntarily discontinue a case so long as the discontinuance does not subject any party to unreasonable inconvenience, vexation, harassment, expense, or prejudice, even where the effect of the...

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