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TAYLOR v. KINSELLA

Cal. No. 1048, Docket 83-9070.

742 F.2d 709 (1984)

Samuel TAYLOR, Plaintiff, v. Joseph A. KINSELLA and The New York Post, Defendants, and The Hertz Corporation, Defendant-Appellee. The HERTZ CORPORATION, Third Party Plaintiff-Appellee, v. CENTENNIAL INSURANCE COMPANY, Third Party Defendant-Appellant, and News Group Publications, Inc., Third Party Defendant.

United States Court of Appeals, Second Circuit.

Decided August 16, 1984.

Attorney(s) appearing for the Case

Michael F. Close, New York City (Barry, McTiernan & Moore, New York City, of counsel), for third party defendant-appellant.

Philip Hoffer, New York City (Rose L. Hoffer, New York City, on the brief), for third party plaintiff-appellee.

Before VAN GRAAFEILAND and CARDAMONE, Circuit Judges, and BRIEANT, District Judge.

VAN GRAAFEILAND, Circuit Judge:

On May 19, 1982, Samuel Taylor, an employee of the New York Post was injured by a truck driven by a fellow worker. The truck had been leased to the Post by the Hertz Corp. Taylor sued the driver, the Post, and Hertz in the Southern District of New York, alleging negligent operation by the driver, negligent maintenance by the Post, and negligent failure to inspect and test by Hertz.

Taylor's co-employee and the Post were immune...

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