Estate of Warner Ex Rel. Warner v. United States

ORDER

NORGLE, District Judge.

This case comes before the court on the third-party defendants’ motion to strike and dismiss the third-party complaint filed by the United States of America. See Fed. R.Civ.P. 12(b)(6). They seek, in the alternative, to stay or to sever this action. Fed.R. Civ.P. 14. For the reasons stated below, the motion to strike and dismiss is granted.

FACTS

On April 17, 1983, Lester Caldwell, an agent of the United States government operating a government squad car, was pursuing an automobile driven by Stefanie Rixecker. Rixecker was attempting to escape a lawful arrest.…