Smith v. Old Dominion Freight Line, Inc et al

Filing 45

MEMORANDUM OPINION AND ORDER signed by Senior Judge Charles R. Simpson, III on 7/8/2016, GRANTING 40 Motion for Leave to file Third-Party Complaint. The Court ORDERS Defendants' tendered third-party complaint FILED in the record. cc: Counsel(RLK)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
AMY C. SMITH, as Personal Representative and
Administratrix of the Estate of Nicholas A. Smith,
Deceased

v.

PLAINTIFF

CIVIL ACTION NO. 3:15-cv-00560-CRS

OLD DOMINION FREIGHT LINE, INC., ET AL

DEFENDANTS

MEMORANDUM OPINION AND ORDER
Defendants move to file a third-party complaint against Davey Wright. Plaintiff does not
oppose this motion.
Under Fed. R. Civ. P. 14, “A defending party may, as third-party plaintiff, serve a
summons and complaint on a nonparty who is or may be liable to it for all or part of the claim
against it.” Whether to grant leave to implead is within this Court’s discretion and “is essentially
a process of balancing the prejudices.” Kindred Healthcare, Inc. v. Homeland Ins. Co. of New
York, No. 3:15-CV-00433-CRS (W.D. Ky. Apr. 22, 2016) (internal citations and quotations
omitted).
For example, “[T]he timeliness of the motion is an urgent factor governing the exercise
of such discretion.” Gen. Elec. Co. v. Irvin, 274 F.2d 175, 178 (6th Cir. 1960). Courts should
freely grant timely motions. In re Yamaha Motor Corp. Rhino ATV Products Liab. Litig., No.
3:09-MD-2016-JBC (W.D. Ky. July 24, 2009). However, in balancing prejudices, some courts
have taken into consideration whether granting the motion “would prejudice the plaintiff, unduly

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complicate the trial, or would foster an obviously unmeritorious claim.” See, e.g., id. (internal
citations and quotations omitted).
Defendants timely move to implead Wright, whose negligence, according to Defendants,
resulted in the vehicle collision at issue in the present matter. At this early point in litigation, the
balance of prejudices weighs in favor of granting Defendants’ motion. Impleading Wright will
not complicate issues for trial or prejudice Plaintiff, instead Wright’s presence avoids potentially
duplicative litigation.
The Court GRANTS Defendants’ motion for leave to file a third-party complaint against
Davey Wright. (DN 40)
The Court ORDERS Defendants’ tendered third-party complaint FILED in the record of
this action.
IT IS ORDERED.

July 8, 2016

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