Lommer v. Scranton-Spring Brook Water Service Co.

WATSON, District Judge.

This action was brought to recover damages for the wrongful death of the husband of the plaintiff. Prior to the expiration of the period of the statute of limitations, the American Oil Company was served by the defendant, Scranton-Spring Brook Water Service Company, with a third-party complaint, wherein it is alleged that the American Oil Company is alone and solely liable for the damages claimed by the plaintiff. Approximately forty days after the one-year period of the statute of limitations had expired the plaintiff filed a motion for leave to amend the complaint to…