Case BriefCiv Pro: basic joinder1/28/15Identity of CaseErkins v. Case Power & Equipment Co, 164 F.R.D. 31 (D.N.J. 1995)Page 630 of the casebookSummary of Facts/Procedural HistoryDeceased 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 IssueCan 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?)HoldingThey can in New Jersey…ReasoningImpleader is allowed when the would be 3rd party defendant is likely to be liable to the 3rd 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.
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