Case Brief Civ Pro basic joinder 1 28 15 Identity of Case Erkins v Case Power Equipment Co 164 F R D 31 D N J 1995 Page 630 of the casebook Summary of Facts Procedural History Deceased plaintiff brings product liability complaint against Case a manufacture of the backhoe in question Plaintiff was an employee riding in the backhoe when he fell out and under the wheels causing death Case impleads Eracom and Fitzpatrick the contractors in charge of the job for failure to properly instruct their opponents This is the motion for leave to implead Statement of the Issue Can a defendant who would be held strictly liable for failure to warn instruct products liability implead employers for their contributory negligence in also failing to instruct not strict liability standard Holding They can in New Jersey Reasoning Impleader is allowed when the would be 3 rd party defendant is likely to be liable to the 3 rd party plaintiff for either indemnification or contribution Therefore where there is a contributory negligence suit in a jurisdiction that requires contribution when only one defendant is sued impleader is allowed Note plaintiff could also just sue them both Impleader is a response to plaintiff s failure to sue them both Evaluation
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