List v. Roto-Broil Corp. of America

FOLLMER, District Judge.

Plaintiff, Marcellus C. List, brings this action against Roto-Broil Corporation of America and Roto Supply Sales, defendants, for personal injuries which he sustained in an automobile accident allegedly caused by the negligence of defendants’ driver, Kenneth Walters.

Defendants now desire, under Rule 14(a) of the Federal Rules of Civil Procedure, to implead their own driver as a third-party defendant on the theory that said driver “is or may be liable” to them for all or part of plaintiff’s claim. Plaintiff objects.

Plaintiff filed with his brief an affidavit indicating…