CLARK V. ASSOCIATES COMMERCIAL CORP. 149 F.R.D. 629 (1993) CASE BRIEF

CLARK V. ASSOCIATES COMMERCIAL CORP.

149 F.R.D. 629 (1993)

NATURE OF THE CASE: This was a personal injury action. Third-party defendants filed a motion to dismiss based on lack of personal jurisdiction.

FACTS: Clark (P) sued Associates (D) for damages to his property and person (a broken leg) when D's agents used force to repossess a tractor that was collateral for a P-D loan. D filed a third party complaint seeking indemnity from its employee (Howard) and two others who assisted in the repossession. The third party defendants moved to dismiss the third party complaint and P moved to strike that complaint or for a separate trial for the issues raised therein. P alleged that Howard and the other repossessing parties were agents of D.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner


No comments:

Post a Comment