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HOROWITZ v. SCHNEIDER NAT., INC.

No. 89-8029.

992 F.2d 279 (1993)

Irving J. HOROWITZ, as Administrator and Personal Representative of the Estates of Bruce S. Horowitz, Catherine O. Horowitz and Michael Brandon Horowitz, deceased, for and on behalf of Brian Scott Horowitz, Plaintiff, v. SCHNEIDER NATIONAL, INC., a Nevada corporation; Schneider National Carriers, Inc., a Nevada corporation, Defendant-Third-Party-Plaintiffs-Appellants, v. HOLLAND HITCH CO., a Michigan corporation; Rissler & McMurry Co., a Wyoming corporation, Third-Party-Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 3, 1993.

Attorney(s) appearing for the Case

George J. Argeris (Larry B. Kehl and Curtis B. Buchhammer with him on the briefs), of Orr, Buchhammer & Kehl, Cheyenne, WY, for defendants-third-party-plaintiffs-appellants.

John J. Metzke (Thomas G. Gorman and Steven K. Sharpe with him on the briefs), of Hirst & Applegate, Cheyenne, WY, for third-party-defendant-appellee Holland Hitch Co. (Richard J. Barrett with him on the briefs), of Hathaway, Speight, Kunz, Trautwein & Barrett, Cheyenne, WY, for third-party-defendant-appellee Rissler & McMurry Co.

Before McKAY, Chief Judge, LOGAN, and ANDERSON, Circuit Judges.

McKAY, Chief Judge.

The single issue presented in this appeal is whether the district court properly dismissed appellants' (collectively referred to as Schneider) third-party indemnity complaint against appellees Holland Hitch Company and Rissler & McMurry Company. The district court held, pursuant to prevailing tort law in Wyoming, that Schneider's complaint failed to state a claim because the adoption of comparative negligence principles had effectively abrogated...

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