Markvicka v. Brodhead-Garrett Co.
76 F.R.D. 205 (1977)
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Rule of Law:
Under Federal Rule of Civil Procedure 14(a), a defendant in a tort action may implead a third-party defendant for contribution before a final judgment is entered, provided that the substantive state law allows for contribution and the facts alleged suggest the third-party's negligence may have concurrently caused the plaintiff's injury.
Facts:
- A minor child was severely injured while using a jointer machine during a woodworking class.
- The class was held by the School District of Ralston.
- The jointer machine was manufactured by Brodhead-Garrett Company.
- The plaintiff alleged the injuries were caused by the machine's defective design and condition.
- Brodhead-Garrett Company alleged that the School District of Ralston improperly maintained the machine and inadequately supervised the students.
Procedural Posture:
- The plaintiff sued defendant Brodhead-Garrett Company in the United States District Court for the District of Nebraska.
- Defendant Brodhead-Garrett Company filed a third-party complaint against the School District of Ralston, seeking indemnity.
- Third-party defendant, the School District of Ralston, filed a motion to dismiss the third-party complaint.
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Issue:
Does Federal Rule of Civil Procedure 14(a) permit a defendant manufacturer, sued for a product defect, to implead a third-party school district for contribution based on allegations that the school's negligent maintenance and supervision were concurrent causes of the plaintiff's injury, even before any liability has been determined?
Opinions:
Majority - Denney, District Judge
Yes. A defendant may implead a third-party who 'is or may be liable' for contribution under Federal Rule of Civil Procedure 14(a), even before a judgment is rendered. The court distinguished between indemnity, which shifts the entire burden of a judgment, and contribution, which equalizes the burden among wrongdoers by requiring each to pay a proportionate share. Citing the Nebraska Supreme Court case Royal Indem. Co. v. Aetna Cas. & Sur. Co., the court confirmed that Nebraska law permits contribution among negligent joint tortfeasors. Because Rule 14(a) allows for the joinder of a party who 'may be liable,' a defendant can bring a third-party claim for contribution before its own liability is established. Here, Brodhead-Garrett alleged facts—improper maintenance and inadequate supervision—that, if true, would make the School District a concurrent cause of the injury and thus potentially liable for contribution. The court concluded that a claim should not be dismissed for mislabeling the cause of action (as 'indemnity' instead of 'contribution') when the alleged facts could support a valid claim, and granted leave to amend the complaint.
Analysis:
This decision clarifies the application of F.R.C.P. 14(a) impleader for claims of contribution in federal diversity cases. It affirms that a defendant does not need to wait until a judgment is entered against them to bring a potential joint tortfeasor into the litigation. This promotes judicial efficiency by resolving all related liability claims in a single action, preventing subsequent, separate lawsuits for contribution. The ruling also reinforces the liberal pleading standards of the federal rules, emphasizing that courts should look at the substance of the alleged facts rather than technical defects in how a claim is labeled.
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