Banaschoski v. General Deliveries, Inc.

MARSH, District Judge.

In this diversity action based upon the alleged negligence of the original defendant in a vehicular mishap on the Pennsylvania Turnpike, said defendant has impleaded the Pennsylvania Turnpike Commission for contribution. The plaintiff, an employee of the Commission, is alleged to have been injured in the accident while in the course of his employment. The Commission has now moved for dismissal of the impleader action on the ground that this court has no jurisdiction over it by reason of its sovereign immunity.

The Supreme Court of Pennsylvania, in Rader v. Pennsylvania…