In a catastrophic personal injury action arising from a motor vehicle collision involving a disabled municipal snowplow, the moving defendants sought leave under Rule 29.02 of the Rules of Civil Procedure to issue a third party claim against the truck manufacturer, alleging a latent manufacturing defect caused a loss of electrical power that disabled hazard lights prior to the collision.
The plaintiff opposed the motion, arguing that adding a product liability claim would significantly delay trial and cause severe financial prejudice due to ongoing care costs.
The court held that leave to issue a third party claim must be granted absent undue prejudice to the plaintiff and that delay alone does not suffice.
Considering the arguable manufacturing defect and the policy favouring resolution of all issues in one proceeding, the court found no undue prejudice.
Leave to issue the third party claim was granted despite the likely adjournment of trial.