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FRANKLIN v. NELSON FREIGHTWAYS, INC.

No. 73 C 762.

408 F.Supp. 670 (1976)

Helene T. FRANKLIN, as Administratrix of the Estate of Yetta Franklin and as guardian of Sharon Franklin, an infant over the age of 14 years, and Helene T. Franklin, Individually, Plaintiffs, v. NELSON FREIGHTWAYS, INC., Defendant and Third-Party Plaintiff, v. Marilyn C. SHIEBER, Third-Party Defendant.

United States District Court, E. D. New York.

March 3, 1976.

Attorney(s) appearing for the Case

Harry H. Lipsig, New York City, for plaintiffs.

Wm. H. Morris, New York City, for plaintiff on counterclaim in N.Y. action.

Leahy & Johnson, New York City, for Nelson Freightways.

McLaughlin & Lawlor, New York City, for Shieber, third-party defendant; O'Hagen, Reilly & Trecartin, New York City, of counsel.

OPINION AND ORDER

PLATT, District Judge.

Plaintiff moves to strike the affirmative defense of defendant Nelson Freightways, Inc. interposed in its amended answer alleging the applicability of the so-called Connecticut Family Car Doctrine to plaintiffs' claims herein and asserting that such Doctrine precludes recovery by the plaintiff.

In her complaint plaintiff sues for $2,000,000 in damages for personal injuries suffered by her infant sister and...

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