(DOWNLOAD) "State Missouri v. Honorable Robert Lee" by Missouri Court of Appeals Eastern District # eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Honorable Robert Lee
- Author : Missouri Court of Appeals Eastern District
- Release Date : January 15, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Relator's petition for prohibition seeks to prevent a trial Judge from granting a motion to file a third-party petition in a suit for damages for personal injuries resulting from a motor vehicle collision. The third-party plaintiff, driver of one vehicle, had given the proposed third-party defendant, driver of the second vehicle, a full release; but the third-party plaintiff now contends she should be able to join the releasee so that the trial court may hear evidence on apportionment of fault as required by Missouri Pac. R. Co. v. Whitehead & Kales Co., 566 S.W.2d 466 (Mo. banc 1978). The trial court based its decision to grant the third-party motion on the Whitehead and Kales decision which was handed down after the release was signed. Thus the question for decision is: Does a general release given by one joint tortfeasor to another bar the releasor from later Jolning the releasee as a third-party defendant for purposes of apportionment under the Whitehead and Kales decision? The answer is ""yes,"" and for the reasons set forth below, the preliminary writ of prohibition is made absolute.