Longo v. Allied Van Lines, Inc.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

This diversity action for personal injuries, loss of consortium, and property damage was removed to this Court from New York Supreme Court, Kings County. 28 U.S.C. § 1441(a). Plaintiffs, residents of New York, sued defendant, a foreign corporation, and its driver, for injuries suffered in an automobile accident in Gallup, New Mexico, on July 31, 1981.

Defendant Allied Van Lines has now moved for summary judgment, Fed.R. Civ.P. 56, claiming it did not own, operate or control the trailer that collided with plaintiffs’ car. In the alternative,…