Harris v. Peters

653 N.E.2d 1274 (1995)

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Nature of the Case

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Facts

P entered into a lease agreement with U.B. The car was totaled in a collision with D's vehicle. D's insurer tendered Pa check for the fair market value of the Audi. P endorsed the check over to UB, which under the terms of the leasing agreement applied the funds toward paying the balance due it under the agreement's terms. UB filed a complaint against P, seeking $5,560.48 remaining on the lease. P filed his answer to UB's complaint and a two-count third-party complaint against D and his insurer seeking judgment in an amount equivalent to any judgment which might be entered against P in the underlying UB action. P, in essence, wanted more than fair market value for the car. Ds filed a motion to dismiss the third-party complaint, and it was granted. P appealed.