414 Mass. 685 | Mass. | 1993
The Gabbidons commenced this action against their lessor (King) and her alleged agent claiming that their
We affirm the judgment of dismissal on a ground that appears not to have been argued below but, in any event, warrants dismissal pursuant to Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974). It is well established that, on appeal, we may consider any ground apparent on the record that supports the result reached in the lower court. See Aetna Casualty & Sur. Co. v. Continental Casualty Co., 413 Mass. 730, 734-735 (1992); St. Germaine v. Pendergast, 411 Mass. 615, 619 n.9 (1992); North Shore Corp. v. Selectmen of Topsfield, 322 Mass. 413, 416 (1948); Rosenfeld v. Board of Health of Chilmark, 27 Mass. App. Ct. 621, 626 n.10 (1989).
King’s right to assert a third-party claim against the director can be justified only if the conditions exist that are set forth in Mass. R. Civ. P. 14 (a), as amended, 385 Mass. 1216 (1982). That rule provides that “a defending party, as a third-party plaintiff, may . . . cause a summons and complaint to be served upon a person who is or may be liable to him for all or part of the plaintiff’s claim against him.” The rule is intended to be used in situations of indemnity or possible contribution. Reporters’ Notes to Mass. R. Civ. P. 15, Mass. Ann. Laws, Rules of Civil Procedure at 358 (1982). See Liberty Mut. Ins. Co. v. Westerlind, 374 Mass. 524, 525 (1978) (allowance of motion to implead third party under rule 14 [a] “turns on whether [the third party] is or may be liable to [the defendant] for all or part of [the plaintiff’s] claim against [the defendant]”); J.W. Smith & H.B. Zobel, Rules Practice §§ 14.1, 14.7, 14.8 (1974). Under the substantively similar Federal rule (Fed. R. Civ. P. 14 [a]), “im
King’s third-party complaint contains no claim for money damages against the director. It does not assert that the director is directly or derivatively liable to King for the plaintiffs’ alleged injuries through indemnity, contribution, or otherwise. The complaint, therefore, does not allege conditions that, pursuant to rule 14, permit the impleading of the director.
Judgment affirmed.