Harrison v. M.S. Carriers, Inc., No. Civ. A.

98-3177 1999 WL 195539 (E.D. La. April 7, 1999)

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Nature of the Case

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Facts

On September 21, 1998, Mary Gilbert, Cynthia Daniels, and Dave Harrison, Jr., (Ps) filed suit against defendants (Ds) as a result of an automobile accident which occurred on September 25, 1997. Ps allegedly suffered injuries when a car driven by plaintiff Dave Harrison and a M.S. Carriers (D) tractor collided. Plaintiffs seek damages for injuries sustained in connection with the accident. Defendants timely removed this action to federal court on October 28, 1998, based solely on diversity jurisdiction. On February 4, 1999, Ps then moved to amend their complaint to name their co-plaintiff, Harrison, the driver of the automobile in which they were riding, and his insurer, Guaranty National Insurance Company, as additional defendants. Ps seek to assert negligence claims against Harrison. Ds opposed the motion asserting that the proper procedural mechanism by which Ps must assert their claim against co-plaintiff Harrison is a cross-claim. Ps' motion to amend their complaint was denied. Ps Gilbert and Daniels now seek review of this order.