23 F.R.D. 16 | D.N.J. | 1958
The plaintiff, a guest at the defendant’s hotel, sues for injuries caused by the explosion of a sun lamp made available by the defendant and bases her action on the alleged negligence of the defendant, particularly setting forth that the lamp was defective.
The defendant, as third-party plaintiff, brought in third-party defendants, the manufacturer, distributor and retail dealer of the lamp in question, as indemni-tors.
Interrogatories were propounded by the manufacturer and the distributor to the plaintiff and these were resisted on the ground that these third-party defendants were not adverse parties to the plaintiff under Rule 33 of Fed.Rules Civ.Proc. 28 U.S.C., relying on Kestner v. Reading Co., D.C.E.D.Pa. 1957, 21 F.R.D. 303. This conclusion has reasoned support in Cooke v. Kilgore Mfg. Co., D.C.N.D.Ohio 1954, 15 F.R.D. 465. On the other hand, a less restrictive rule is applied in Mc-Allister Lighterage Line, Inc. v. Oil Barge Vejoil No. 5, 13 Fed.Rules Serv. 33.21, Case 1 (S.D.N.Y.1949), and Spag-na v. Bruusgaard v. United Fruit Co., 20 Fed.R.Serv. 33.21, Case 1 (S.D.N.Y. 1954).
The plaintiff will be required to answer interrogatories numbered 1, 2, 15, 16, 17, 18, 22, 23 and 24, within thirty days from the date hereof. The other interrogatories propounded need not be answered.
Present order accordingly.