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Tiesler v. Martin Paint Stores, Inc.

76 F.R.D. 640 (1977)

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Tiesler v. Martin Paint Stores, Inc.

United States District Court for the Eastern District of Pennsylvania
76 F.R.D. 640 (1977)

MP

Facts

Tiesler (plaintiff) was injured when a can of denatured alcohol exploded and showered Tiesler with burning liquid and injured him. Tiesler brought a products-liability action against Martin Paint Stores (Martin) (defendant) for its failure to comply with federal labeling and packaging requirements and for breach of implied warranty, negligence, and liability under the Restatement of Torts, § 402A. Martin, using Federal Rule of Civil Procedure 14, impleaded Joseph Keller as a third-party defendant and claimed that Keller’s negligent use of the product was the proximate cause of Tiesler’s injuries, so if Martin was found liable to Tiesler, Martin would be entitled to contribution from Keller as a joint tortfeasor. Tiesler moved to dismiss the third-party action because it was not related to his allegations against Martin and because it was based on ordinary negligence principles.

Rule of Law

Issue

Holding and Reasoning (McGlynn, J.)

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