Fake v. Terminal Hardware, Inc.

The third-party defendants (the parents of the five-year-old infant, plaintiff herein) move to dismiss the third-party complaint for insufficiency. The complaint alleges only that the accident1 was “ occasioned, caused or contributed to by the [parents] by their failure to know the whereabouts of the said infant and to exercise the necessary parental supervision and control to keep the infant from placing himself in circumstances which were highly dangerous ”. The complaint demands indemnity for all or at least that portion of the negligence attributable to the parents’ lack of supervision…