Ragland v. Swindell Dressler Corp.

GOURLEY, Chief Judge.'

In the course of pretrial consideration of the above common law diversity negligence action arising in Pennsylvania, the following question is posed:

Where plaintiff sues multiple defendants, one of whom is plaintiff’s statutory employer, is said statutory employer. a proper party to remain in the action where plaintiff makes no objection to its dismissal but where the other multiple defendants resist said dismissal?

Succinctly stated:

A sues B, C, and D.

B is A’s statutory employer.

B moves for dismissal to which A makes no objection.

C and D resist dismissal.

Defendants are…