If a plaintiff sues the car driver and the car owner, can the owner file a crossclaim against the driver?

Master Joinder and Supplemental Jurisdiction concepts. Study with flashcards and multiple-choice questions, each offering hints and explanations.

The correct answer is that the owner can file a crossclaim against the driver if it is related to the incident. In the context of civil procedure, a crossclaim is a claim brought by one defendant against another defendant in the same action. Under the Federal Rules of Civil Procedure, specifically Rule 13, a party may assert a crossclaim against a co-party if the claim arises out of the transaction or occurrence that is the subject matter of the original action.

In this situation, since the plaintiff has sued both the car driver and the car owner as part of the same incident, the owner can assert a crossclaim against the driver related to the same car accident. This is permissible because crossclaims are designed to promote efficiency by allowing related claims to be resolved in a single lawsuit rather than multiple separate lawsuits.

Establishing the relationship to the incident is crucial, as it ensures judicial economy and helps avoid inconsistent verdicts that could arise from separate litigations regarding the same facts. This is why the other options would not apply. For instance, if the owner were required to file a separate lawsuit or wait until after the trial, it would create unnecessary procedural complications and inefficiencies in the court system, undermining the purpose of crossclaims.

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