Question

A State A consumer was in a traffic accident with a State B driver. The State A consumer’s car burst into flames, causing horrific injuries to the consumer. The State A consumer believes that his injuries were caused by both the State B driver’s negligence and design defects in his own car. The State A consumer thus filed a tort action for damages against both the State B driver and the manufacturer of the car. The manufacturer is also a citizen of State B. The State B driver was also burned in the accident and believes that manufacturing and design defects in the State A consumer’s car also caused his burns.
Can the State B driver assert his tort claim against the State B manufacturer in the pending action asserted by the State A consumer?
a. Yes, because the State B driver and State B manufacturer are already parties to the State A consumer's action.
b. Yes, because the State B driver's claim is a proper cross-claim and is within the court's supplemental jurisdiction.
c. No, because the State B driver's tort claim against the State B manufacturer is not between citizens of different states.
d. No, because the State B driver's claim is not a proper cross-claim.
B Yes, because the State B driver's claim is a proper cross-claim and is within the court's supplemental jurisdiction.

Answer 1

Answer: The correct answer is B. Yes, because the State B driver's claim is a proper cross-claim and is within the court's supplemental jurisdiction.

Explanation:

Option B is correct because the State B driver can assert his tort claim against the State B manufacturer. The driver's claim is a proper crossclaim and this is because it arises from the same occurrence as with State A consumer's claim.