Clark v. Essex International, Inc.

MEMORANDUM

GORBEY, District Judge.

Plaintiffs instituted an action against the defendants for allegedly supplying a defective machine to the plaintiff’s employer. The defendant has joined the employer, Dill Products, Inc., as a third-party defendant alleging that the machine was altered, modified and changed by the employer. Third-party defendant, Dill Products, Inc., by its attorneys, moves the court to dismiss the third-party action against it for failure to state a claim upon which relief can be granted.

In support of the motion, movant relies upon the Workmen’s Compensation Act of…