Fraley v. Worthington

Judge’s Memorandum

KERR, District Judge.

Defendant has filed a motion to bring in Lloyd Phillips as a third-party defendant in this action. The motion to implead was filed by defendant nearly three months after service of his answer to the complaint. There is diversity of citizenship and the amount in controversy exceeds $10,000.

In the original action plaintiff John Fraley brought suit against the defendant for injuries incurred while working on a drilling rig. Fraley was employed as a derrick hand and defendant Don Worthington was the tool pusher. Fraley alleges that it was the duty of…