Pelinski v. Goodyear Tire & Rubber Co.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Stephen Pelinski (“Pelinski”) and Pamela Pelinski brought this diversity-based personal injury action against Goodyear Tire and Rubber Company (“Goodyear”), owner of the Norfolk, Nebraska premises on which the alleged injury occurred, and Behlen Manufacturing Company (“Behlen”), general contractor for construction of a plant on Goodyear’s property. In turn, Goodyear and Behlen filed third party complaints against Spacemark, Inc. (“Spacemark”), Pelinski’s employer and Behlen’s subcontractor.

Spacemark has moved (1) “to dismiss for lack of cause…