Scherza v. Home Indemnity Co.

OPINION

PETTINE, District Judge.

This action involves a motion pursuant to Rule 13 F.R.Civ.P. to permit the defendant to assert a cross claim which is in reality a counter claim demanding contribution from the plaintiff Charles Scherza in the instant case should the plaintiff, Richard Scherza, prevail in a companion case.

The plaintiff’s complaint sets forth the jurisdictional requirement of this Court and states that as a direct proximate result of the negligence of the defendant’s insured while operating a motor vehicle on a public highway in the State of Rhode Island, the said insured…