La Ferry v. Ajax Truck Rentals

DARR, Chief Judge.

The third-party defendant, Betty Thompson, has filed a motion to dismiss the third-party complaint because it fails to state a claim upon which relief can be granted, and because Tennessee substantive law does not permit contribution between joint tort-feasors until a common liability has been established.

The principal argument on the first point centers around the fact that the third-party complaint sets out a mere conclusion of the pleader rather than facts to show negligence. It is now well recognized that under Rule 8(a), Federal Rules of Civil Procedure, 28 U.S.C.A., it…