Ned G. Saalfrank v. Melva M. O'daniel, and Third Party Plaintiff-Cross v. Parkview Memorial Hospital, Inc., Third Party

LIVELY, Circuit Judge.

The principal question in this case is whether the district court properly assumed ancillary jurisdiction of a direct claim by a plaintiff against a non-diverse third party defendant in a personal injury action where the only basis of jurisdiction was diversity of citizenship. We reverse for the reasons stated herein.

Ned Saalfrank, a resident of Indiana, was injured when his automobile was struck at an intersection near Napoleon, Ohio by the automobile of Melva O’Daniel, an Ohio resident. The O’Daniel car pulled into the path of Saalfrank’s automobile which had the right…