39 F.R.D. 56 | D.S.C. | 1965
Defendant Blaw-Knox seeks relief under Rule 42(b),
That a separate trial of issues raised by the original Complaint be first held and concluded and that the trial on the issues raised by the third-party Complaint be continued until final adjudication of the issues as set forth in the original complaint.
Plaintiff and defendant duPont vigorously oppose.
The Amended Complaint, filed March 20, 1965, seeks total damages of Five Hundred Fifty Thousand Dollars of duPont alone on two causes of action allegedly generated by the death of the intestate while “engaged in insulation work at the plant of defendant, E. I. duPont de Nemours and Company at its construction site in Brevard, North Carolina.” By Order of April 24, 1965, the Court granted duPont’s Motion to make Armstrong Contracting and Supply Corporation and Aetna Casualty and Surety Corporation parties defendant, and on the same date filed a third party complaint against them. By Order of August 12, 1965 the Court dismissed.
On April 24, 1965, defendant duPont filed third party complaint
The elimination of Blaw-Knox as defendant, will not, under the issues joined, or recognized, here, eliminate testimony by duPont, assuming such was offered,
“Just as the judge may order separate trials of the issues in a single case under Rule 42(b), he is empowered by Rule 42(a) to order joint trial of two separate actions * * * Here again he has broad discretion, and efficient judicial administration is the principal
If, as duPont contends, Blaw-Knox is at fault, plaintiff’s right to recover from duPont will be adjudged without further expenditure of their time and this Court’s. If, as Blaw-Knox contends, duPont alone is at fault, this one trial will settle that question. Certainly the hearing of all the available testimony has the best promise of justice here. Guided by the reasoning of Piedmont Interstate Fair Ass’n v. Bean,
Counsel for Blaw-Knox called', the Court’s attention to Chicago, Rock Island and Pacific Railway Co. v. Williams, 8 Cir., 245 F.2d 397, and Shippers-Pre-Cooling Service v. Macks, 5 Cir., 181 F.2d 510. Acknowledging the application, of those reasonings to the general question before this Court, they emphasize the realization that each case in which rule 42(b) is applied or refused must be adjudged on the particular facts and issues before the Court, each facet of each-case having such impact, no more, no less, than justice demands.
Motion for separate trial denied.
And it is so ordered.
. Separate Trials. The court in furtherance of convenience or to avoid prejudice may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party claims, or issues.
. Order not reported at this writing. Armstrong was workmen’s compensation employer and Aetna its compensation carrier.
. Brought in as third party defendants on duPont’s motion by Order of April 24, 1965.
. See 38 F.R.D. 8 (W.D.S.C.1965).
. duPont’s counsel was frank to admit it would try to place blame on Blaw-Knox.
. Wright on Federal Courts (1963) p. 379.
. Rossano v. Blue Plate Foods, Inc., 5 Cir., 314 F.2d 174, cert. den. 375 U.S. 866, 84 S.Ct. 139, 11 L.Ed.2d 93.
. 4 Cir., 209 F.2d 942.