A Pennsylvania judge has allowed one defendant’s cross-claim against another in a personal injury case to proceed in court, despite the plaintiff’s initial claim against the same company previously being sent to arbitration.

According to a Nov. 27 opinion by Allegheny County Court of Common Pleas Judge Alan Herzberg, plaintiff James Eddie Waters is a commercial driver who was a lease operator for defendant Miller Transporters when he slipped and fell from a cat-walk on top of the tanker-trailer he was inspecting.