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RITCHIE v. CAHALL

Civ. A. No. 74-722.

386 F.Supp. 1207 (1974)

David RITCHIE, Sr., and David Ritchie, Jr., General Administrator and Administrator Ad Prosequendum of the Estate of Elsie Mae Ritchie, Decedent, Plaintiffs, v. Earl CAHALL et al., Defendants. Earl CAHALL and Material Fabrication Company, a corporation, Third Party Plaintiffs, v. EBERT MOTOR COMPANY, a corporation of the State of Pennsylvania, and the State of New Jersey, Third Party Defendants.

United States District Court, D. New Jersey.

January 7, 1974.

Attorney(s) appearing for the Case

Parker, McCay & Criscuolo by Richard E. Gehret, Mount Holly, for defendants, third party plaintiffs, Earl Cahall and Material Fabrication Company.

William F. Hyland, Atty. Gen., of New Jersey by Thomas H. Klein, Deputy Atty. Gen., Trenton, N. J. for third party defendant, State of New Jersey.

Moss & Powell by Philip R. Lezenby, Jr., Moorestown, N. J., for third party defendant, Ebert Motor Company.

OPINION

COHEN, Senior Judge:

This is a diversity action arising out of an automobile accident which occurred in May, 1973. The State of New Jersey was impleaded as a third party defendant on the theory that it carelessly designed and maintained State Highway No. 31 so as to create a dangerous condition. The State moves to dismiss the third party complaint on the grounds that the action is barred by the Eleventh Amendment and that the claim was not made in...

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