McClellan v. Poole

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

This cause is before the court on the motion of third-party defendant City of Durant to dismiss the third-party complaint brought against it by Kermit Eugene Poole. Defendant/third-party plaintiff Poole timely responded to the motion and the court has considered the memoranda of authorities submitted by the parties.

On March 1, 1985, plaintiff William McClellan, a sanitation worker for the City of Durant, was injured when a tractor-trailer truck operated by Poole collided with the garbage truck on which plaintiff was riding. McClellan…