Lusk v. Pennzoil United, Inc.

MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

This action has been submitted to the court on briefs without oral argument on the motion of plaintiffs for their severance and for a separate trial. Defendant, Pennzoil United, Inc. (Pennzoil), and third party defendants, Whirlpool Corporation (Whirlpool), and Aaron Beard (Beard), oppose the motion. The matter is now ripe for decision.

I. THE PLEADINGS

Plaintiffs have filed herein a products liability suit against defendant, Pennzoil. Thereafter, Pennzoil, with the approval of the court, filed a third party complaint impleading Whirlpool and…