Krueger Associates, Inc. v. ADT Security Systems

11 F. Supp. 2d 637, 1998 U.S. Dist. LEXIS 10243, 1998 WL 388958

Opinion

MEMORANDUM

ROBERT F. KELLY, District Judge.

Review of the record in this case reveals that Plaintiffs Crossclaims remain outstanding. The Crossclaims encompass the allegations contained in Plaintiffs Complaint by reference. Thus, Plaintiff alleges strict liability (Count I), negligence (Count II), breach of implied warranties (Count III), strict liability — ultrahazardous activities (Count IV), fraud (Count V), and negligent misrepresentation (Count VI). Additionally, Plaintiff includes a separate count seeking indemnification pursuant to the lease agreement.

I find that the portions of Plaintiffs Crossclaims which incorporate Plaintiffs Complaint by reference are improper and must be dismissed because Plaintiffs Complaint provides no basis for liability from Third-Party Defendant to Plaintiff. Fed. R. Crv. Pro. 8.

Also, Plaintiffs claim for indemnification pursuant to the lease agreement must fail. Nothing in the lease requires Holmes Corporate Center to indemnify Plaintiff. Dipietro v. City of Philadelphia, 344 Pa.Super. 191, 496 A.2d 407, 410 (1985). To the contrary, Plaintiff agrees to indemnify Holmes Corporate Center in the lease agreement. Under no circumstances will Plaintiff be entitled to indemnification from Third-Party Defendants in this matter, therefore, Plaintiffs claim for indemnification must be dismissed.

An Order follows.

ORDER

AND NOW, this 8th day of July, 1998, it is hereby ORDERED that Plaintiffs Cross-claims are dismissed.