State ex rel. Peavey Co. v. Corcoran

CARL R. GAERTNER, Judge.

Relator, Peavey Company, seeks a writ of mandamus ordering the respondent judge to grant its motion for leave to file a third party petition. We issued a preliminary order and we now quash that order.

The underlying action is a suit for damages for personal injuries sustained by plaintiff Earl C. Leeper, a seaman employed by Peavey Company, while operating an allegedly unsafe winch on a barge. Peavey filed a motion for leave of court to file a third party petition against Beebe International, Inc., the manufacturer and seller of the winch. Upon denial of this motion,…