Civil Procedure Keyed to Marcus
Clark v. Associates Commercial Corp
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Plaintiff’s complaint against Defendant for damages to his person and property alleges causes of action in tort and contract. Defendants filed a third party complaint seeking indemnity from its employees and two parties that aided in the repossession of the tractor from the Plaintiff. Third party defendants moved to dismiss the third party complaint and Plaintiff moved to strike the third party complaint or in the alternative for a separate trial to determine those issues. Defendant alleges in its third party complaint that it hired Bob Howard (Third party defendant), who, unbeknownst to the Defendant, had subcontracted with Clark Investigation & Recovery (Third party defendant) to repossess Plaintiff’s tractor. Defendant also alleges that other employees, including Lett, (Third party defendant) of the company conducted the actual repossession of the collateral. Plaintiff’s complaint alleges that Howard and Clark were agents of Defendant, and thus Defendant was liable for their actions. Defendant brought an indemnity claim against third party defendants Howard, Clark and Lett for the amount that Defendant may be held liable to Plaintiff.
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