Scott v. Fancher

369 F.2d 842 (5th Cir. 1966)

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Nature of the Case

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Facts

A three-truck collision occurred. It involved trucks operated by William C. Fancher, (P), a Texas resident, Ray Scott (D), an Oklahoma resident, and E. F. Short (D), an Oklahoma resident. The collision took place in Texas. The truck driven by P was traveling north and the two Oklahoma trucks were traveling south. The truck driven by P was owned by American Petro-Fina Company of Texas (Petro-Fina), a corporation organized under the laws of Texas. As a result of a head-on collision between the Petro-Fina truck and the Scott (D) truck, the Petro-Fina truck turned on its side, slid across the highway, and collided with the truck driven by Short (D) which had been traveling some distance behind and in the same direction as the Scott (D) truck. P was seriously injured and Short (D) was killed in the accident. Scott (D) suffered only mild injuries. The administrator of Short's (D) estate brought suit against P, Petro-Fina, and Scott (D) in an Oklahoma state court. Service of process was not perfected on P. Petro-Fina and P filed this suit in the District Court of Texas alleging negligence on the part of both Scott (D) and Short (D). Scott (D) counterclaimed against Petro-Fina and P, and the administrator of Short's (D) estate filed a counter-claim against Petro-Fina and P and a cross-claim against Scott (D). Jurisdiction was based on diversity of citizenship. The jury absolved P, Petro-Fina, and Short (D) of liability and returned a verdict against Scott (D). Scott (D) appeals from that judgment alleging that the district court was without jurisdiction as to both the original action and the cross-claim by Short's (D) administrator against Scott (D), because the requisite diversity of citizenship was lacking. Scott (D) asserts that a proper alignment of the parties would cast Scott (D) and Short (D) as opposing parties because under no theory of the facts could Short (D) have been found at fault.