Del Longo v. Bennett-Brewster Co.

This is a motion by a third party defendant to dismiss for alleged insufficiency the complaint of the third party plaintiff. The third party plaintiff is being sued by the plaintiffs on two theories: (1) that the injuries resulted from the third party plaintiff’s improper construction of the scaffold, and (2) that the injuries were caused by the negligence of the third party plaintiff in the maintenance and control of the scaffold. If plaintiffs should recover against the third party plaintiff on the first theory, the latter would clearly have no cause of action over against the third party…