Savory v. Kawasaki Motor Corp., USA

MEMORANDUM AND ORDER

BECHTLE, District Judge.

Presently before the Court is the motion of third-party defendant Commonwealth of Pennsylvania Department of Transportation (“Commonwealth”) to dismiss for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction, pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6). The motion is opposed by defendants Kawasaki Motor Corporation, U.S.A., and Kawasaki Heavy Industries, Limited (“Kawasaki”). Jurisdiction is based upon diversity of citizenship. For the reasons stated below, the motion of the Commonwealth to…