PLOCKER v. FARMERS INS. CO., INC., 4:15CV702 SNLJ. (2015)
Court: District Court, E.D. Missouri
Number: infdco20151113935
Filed: Nov. 09, 2015
Latest Update: Nov. 09, 2015
Summary: MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, Jr. , District Judge . Plaintiff filed this lawsuit against defendant Farmers Insurance Company to obtain underinsured motorist coverage following an automobile accident with an at-fault driver of another car. Plaintiff has recently discovered that a driver of another vehicle involved in the accident may also be at-fault, and plaintiff contends that the second driver may have some liability for plaintiff's injuries. Defendant consents to the additi
Summary: MEMORANDUM AND ORDER STEPHEN N. LIMBAUGH, Jr. , District Judge . Plaintiff filed this lawsuit against defendant Farmers Insurance Company to obtain underinsured motorist coverage following an automobile accident with an at-fault driver of another car. Plaintiff has recently discovered that a driver of another vehicle involved in the accident may also be at-fault, and plaintiff contends that the second driver may have some liability for plaintiff's injuries. Defendant consents to the additio..
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MEMORANDUM AND ORDER
STEPHEN N. LIMBAUGH, Jr., District Judge.
Plaintiff filed this lawsuit against defendant Farmers Insurance Company to obtain underinsured motorist coverage following an automobile accident with an at-fault driver of another car. Plaintiff has recently discovered that a driver of another vehicle involved in the accident may also be at-fault, and plaintiff contends that the second driver may have some liability for plaintiff's injuries. Defendant consents to the addition of the second driver as a defendant to this case. However, the defendant is a Missouri citizen and destroys this Court's subject matter jurisdiction. As a result, this case must be remanded to the Circuit Court for the City of St. Louis, Missouri.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion for leave to file amended complaint joining and indispensable party and to remand is GRANTED.
Source: Leagle
