Question

A condo owner, a citizen of State A, hired an electrician, a citizen of State A, and a gas worker, a citizen of State B, to fix the wiring in his condo and install a new gas stove. Unfortunately, the condo burned down while they were working on it. The condo owner sued the gas worker for negligence, seeking $100,000. The gas worker files a motion to dismiss the case for failure to join the electrician, alleging that he contributed to the fire. How should the court rule

Answer 1

Deny the motion, because the electrician is not a necessary party.

Step-by-step explanation:

A necessary party is defined as a party that is required to be joined as part of a case and without who a case cannot be decided.

The party must be indispensable in the ruling to be considered as being required to be joined.

However in this scenario either electrician or the gas worker can be held entirely responsible for the fire. So the case can be satisfactorily decided without joining the electrician.

The home owner can raise a seperate case against the electrician if he so feels in the future.