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Civil Procedure Keyed to Glannon
Erkins v. Case Power & Equipment Co.
Facts
T.A. Fitzpatrick Associates, Inc. (Fitzpatrick) entered into a contract to complete a construction project. ERACOM made a bid to do some of the work, which Fitzpatrick accepted. ECRACOM then subcontracted Thomas J. O’Beirne & Company (O’Beirne) to perform a part of its contract. The decedent was employed by O’Beirne and was fatally injured while on the job after falling out of the bucket of a backhoe and being crushed by the wheels of it. Erkins, the personal representative of the decedent’s estate, filed suit against Case Power Equipment Corporation (Case), the manufacturer of the backhoe, claiming that Case was strictly liable for failing to provide adequate warning of the dangers involved with the backhoe. Case blamed the accident on the decedent’s negligence and denied liability. Since Plaintiff did not name Fitzpatrick and ECRACOM as defendants in the case, Case sought contribution from them based on their respective negligence. Both Fitzpatrick and ECRACOM claimed that Case’s strict liability claim is irrelevant to their alleged negligence, and objected to the third-party complaint.
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