Ward v. Stewart

MEMORANDUM — DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

Plaintiffs Kevin A. Ward, Sr. and Pamela Ward (collectively “plaintiffs”) initially filed this action in Supreme Court, Lewis County, against defendant Anthony Wayne Stewart (“Stewart” or “defendant”), asserting four causes of action arising from his involvement in the untimely death of their son, Kevin A. Ward, Jr. (“decedent”). Thereafter, defendant removed the action to federal court, answered plaintiffs’ complaint, and asserted a counterclaim for indemnity arising out of a liability release that allegedly covers…