Markvicka v. Brodhead-Garrett Co.

76 F.R.D. 205 (D.Neb. 1977)


This action was brought on behalf of a minor child, Marvicka (P) who suffered severe injuries while using a jointer machine manufactured by Brodhead (D). P was a student in the school district that used the machine in its classes. P attributes his injuries to the defective design and condition of the jointer machine. D then brought a third-party action against Ralston (D1), the school district for improper maintenance and inadequate supervision. D’s third-party complaint against D1 alleges that the accident occurred in the course of a woodworking class held by D1 and charges that D1’s improper maintenance of the machine and inadequate supervision of the students caused P's injuries. D1 moved to dismiss based on insufficient pleadings.