Day v. NORTH AMERICAN RAYON CORPORATION

ROBERT L. TAYLOR, District Judge.

This action was commenced by plaintiff, Claude Leroy Day, to recover from defendant, North American Rayon Corporation, damages for personal injuries sustained in a highway accident. In answering, defendant undertook what it has styled a cross-complaint action not against the plaintiff, but against a third party, Luke H. Banker, on the theory that the accident occurred primarily because of Banker’s negligence. Answer and cross-complaint have been followed by a motion to make Luke H. Banker a defendant to the cross-claim, “pursuant to Rules 13 and 14 of the…