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VAN ZANDT v. UNIROYAL, INC., PEERLESS TIRE DIV.

No. CIV-81-211B(C).

529 F.Supp. 482 (1982)

Harvey J. VAN ZANDT, Plaintiff, v. UNIROYAL, INC., PEERLESS TIRE DIVISION, Defendant and Third-Party Plaintiff, v. TIRE ASSOCIATES, INC., Third-Party Defendant.

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

January 8, 1982.

Attorney(s) appearing for the Case

Malarney & Holtzberg, Rochester, N.Y. (Michael W. Malarney, Rochester, N.Y., of counsel), for plaintiff.

Nixon, Hargrave, Devans & Doyle, Rochester, N.Y. (Harry P. Trueheart III, Rochester, N.Y., of counsel), for defendant and third-party plaintiff Uniroyal, Inc., Peerless Tire Division.

Winchell, Connors & Concoran, Rochester, N.Y. (Charles A. Hall, Rochester, N.Y., of counsel), for third-party defendant Tire Associates, Inc.

CURTIN, Chief Judge.

Currently before the court in this personal injury and product liability action is plaintiff's motion requesting that a jury trial be granted pursuant to Rule 39 of the Federal Rules of Civil Procedure. Defendant opposes the motion.

Under the Federal Rules of Civil Procedure, a demand for a jury trial must be made within 10 days "after the service of the last pleading directed to such issue." Rule 38(b). Pursuant to Rule 39(b), a district...

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