The plaintiff commenced an action against the automobile defendants for damages under the Family Law Act arising from a motor vehicle accident that injured his mother.
He also sued his mother's former lawyers in the alternative for failing to advance his claim in the original tort action.
The automobile defendants crossclaimed against the lawyer defendants for contribution and indemnity.
The plaintiff moved to discontinue his claim against the lawyer defendants, which was granted.
The lawyer defendants moved to strike the crossclaim.
The court struck the crossclaim without leave to amend, finding that the lawyer defendants and automobile defendants were not concurrent tortfeasors who caused the same damage, and therefore no right of contribution and indemnity existed under the Negligence Act.
