Rogers v. Firestone Tire and Rubber Co.

MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS THIRD PARTY COMPLAINT

SPELLMAN, District Judge.

On June 5, 1984 Defendant Fruehauf filed a Third Party Complaint against Birmingham Manufacturing Co. Inc. (“Birmingham”). The Third Party Complaint alleged that Birmingham designed and manufactured the trailer which was ordered through Fruehauf by Hobbs Trailers and resold to Hatch. Fruehauf claims that Birmingham owed it a duty to properly design and manufacture the trailers, and in the event plaintiff, Rogers, succeeds in his litigation, then Fruehauf is entitled to indemnification from…