Tessier v. State Farm Mutual Insurance Company

OPINION

CAFFREY, District Judge.

This matter came before the court upon defendant’s motion to dismiss the complaint by reason of (1) the failure of the plaintiff to state a cause of action, and (2) for want of a necessary and indispensable party.

The pertinent facts are alleged as follows. In February of 1969, plaintiff and one Thomas Peters were soldiers of the United States Army stationed at Fort Stewart, Georgia. At the request of Peters, plaintiff became a passenger in Peters’ automobile. Peters drove his automobile to Luduwici, Georgia, for the purpose of removing his personal property from…