Lucas v. City of Juneau

127 F. Supp. 730 (1955)

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Lucas v. City of Juneau

United States District Court for the District of Alaska
127 F. Supp. 730 (1955)

MP

Facts

Lucas (plaintiff) was injured at a Sears, Roebuck & Co. (Sears) office in Juneau, Alaska when he slipped on a pencil that was on the floor. Lucas fell and injured his back. While Lucas convalesced at a local hospital, further treatment was indicated. Lucas was being transported from that hospital to another in an ambulance owned by the City of Juneau (city) when the driver had an epileptic seizure that caused the ambulance to crash. The accident further aggravated Lucas’s back injury. Lucas sued Sears and the city (defendants) in the United States District Court for the District of Alaska for his personal injuries and damages resulting from their negligence. He specifically alleged that Sears was negligent for allowing the pencil he slipped on to remain on the floor, and that the city was negligent for hiring an epileptic ambulance driver. He relied on Federal Rule of Civil Procedure (FRCP) 20(a), the permissive party joinder rule, to join Sears and the city, alleging that it was not determinable how much of his injury was caused by Sears’s negligence and how much was caused by the city’s negligence. Sears and the city filed motions to dismiss the case for misjoinder.

Rule of Law

Issue

Holding and Reasoning (Folta, J.)

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