Erkins v. Case Power & Equipment Co., Abc Corporation

164 F.R.D. 31 (D.N.J. 1995)

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Nature of the Case

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Facts

T.A. Fitzpatrick Associates, Inc. ('Fitzpatrick') got a contract for the removal of underground tanks. Fitzpatrick accepted a bid from ECRACOM, Inc. ('ECRACOM') and ECRACOM then subcontracted part of its work to Thomas J. O'Beirne & Company, P's employer. P was riding in the bucket of a backhoe when he fell out of the bucket and under the wheels suffering fatal injuries. P brought this products liability action against D who manufactured the backhoe and who P alleges failed to provide adequate warnings regarding the dangers associated with riding in the bucket of the backhoe. D seeks contribution from Fitzpatrick and ECRACOM for their failure to conduct safety meetings at the construction site. D seeks to file a third-party complaint alleging that Fitzpatrick’s and ECRACOM’s negligence was a contributing factor.