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Barab v. Menford

    Brief Fact Summary.

    Barab sued Menford for injuries arising out of negligence.

    Synopsis of Rule of Law.

    Under Federal Rules of Civil Procedure rule 14, an impleaded third party must be liable to the original defendant if the original defednat were to be found liable to the plaintiff.

    Facts.

    Barab slipped on a doormat at an inn owned by Menford and sued for injuries stemming from the accident. Menford named another person, Channel, as a third-party defendant seeking indemnification because Channel sold the mat that Barab slipped on to Menford. Channel sought to implead another party arguing that they were the ones who supplied Menford with the mat. However, Channel and impleaded third party had no relationship.

    Issue.

    Whether under Federal Rules of Civil Procedure rule 14, an impleaded third party must be liable to the original defendant if the original defednat were to be found liable to the plaintiff.

    Held.

    Yes. Under Federal Rules of Civil Procedure rule14, an impleaded third party must be liable to the original defendant if the original defednat were to be found liable to the plaintiff.

    Discussion.

    In order for a defendant to assert a complaint as third-party plaintiff, the party they wish to implead must be liable to the defendant. It is not sufficient the third party defendant may only be liable to the plaintiff. Here, Menford may file a separate claim against the Third Party but may not bring them into the case at hand because the third party and Menford have no relationship.


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