McGraw, J., dissenting:
Though the facts alleged in the proposed third-party complaint have been
known to Dr. Leung since the underlying medical malpractice action was first commenced
more than one year ago, Dr. Leung did not seek to institute a third-party action against Dr.
Wanger and Shenandoah Valley Medical Systems until two months before the scheduled trial
date. In my view, Dr. Leung's professed explanation for this delay _ that he did not wish to
jeopardize his professional relationship with Dr. Wanger _ is not a sufficient justification for
significantly delaying the plaintiff's right to a jury trial, particularly in light of the plaintiff's
representation during oral argument that she was prepared to proceed to trial as scheduled.
Because I believe the majority's holding operates to assist Dr. Leung in his seemingly
calculated effort to impede the final resolution of this case, I respectfully dissent.