In this case, the pleadings filed by the defendants do not claim against or assert any right of contribution or indemnity from any other defendant in the lawsuit. Furthermore, there has been no line of questioning during the course of the plaintiff’s case by any of the defendants that seems to suggest that any one of the defendants would be “pointing the finger of liability” at any of the other defendants. Given all of the above, I conclude that the restriction pertaining to multiple defendants does not apply because it is clear that no evidence led by the remaining defendants could result in liability attaching to any of the defendants seeking the non-suit. C. Rule in Foss v. Harbottle
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