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LOTT v. DUTCHMEN MFG., INC.

No. CIV.A. 9:05-CV-233.

422 F.Supp.2d 750 (2006)

Robert A. LOTT, Individually, and Vicki R. Lott Individually Plaintiffs, v. DUTCHMEN MANUFACTURING, INC., Ford Motor Company, and Al Meyer Ford, Inc., Defendants.

United States District Court, E.D. Texas, Lufkin Division.

March 13, 2006.

Attorney(s) appearing for the Case

Rudy Cano of Vahldiek, Cano and Petroski Houston, TX, Henry N. Didier, Jr., Andrew F. Knopf and C. Richard Newsome of Newsome & Didier, PC Orlando, FL, for Plaintiffs.

C. David Kinder, Richard Laurence Macon and Helen Gamble Moore of Akin Gump Strauss Hauer & Feld, San Antonio, TX, for Defendants Dutchmen Manufacturing.

Brendan Kevin McBride, Grant Terry McFarland & David J. Park of Prichard Hawkins & Young, LLP San Antonio, TX, Christopher F. McCarthy of Bowman & Brooke, Phoenix, AZ, Ford Motor Company.

Grant Terry McFarland and David J. Park of Prichard Hawkings & Young, LLP, San Antonio Preston Worley McGee of Flowers Davis, Tyler, TX, Al Meyer Ford, Inc.

ORDER ON PLAINTIFF'S MOTION TO REMAND

CLARK, District Judge.

Plaintiffs seek to remand, alleging that Defendant Al Meyer Ford, the only non-diverse Defendant, was negligent in selling the subject truck without a necessary sway control device and that this negligence was a foreseeable and proximate cause of Plaintiffs' injuries. Defendant Ford Motor Company argues that joinder of Al Meyer Ford is improper because the truck was sold with a sway control device...

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