(1)(a) A defending party may, as a third-party plaintiff, serve a summons and complaint on a nonparty:
(i) Who is or may be liable to the defending party for all or part of the claim against the defending party; or
(ii) Whose negligence was or may have been a proximate cause of the transaction or occurrence that is the subject matter of the plaintiff's claim and who is not precluded by section 25-21,185.11 from being made a party.
(b) The third-party plaintiff shall, by motion, obtain the court's leave if the third-party plaintiff files the third-party complaint more than fourteen days after serving its original answer.
(c) The person served with the summons and third-party complaint, hereinafter called the third-party defendant, has all the rights and obligations of a defendant, including those created by this section and by the rules promulgated by the Supreme Court pursuant to sections 25-801.01 and 25-1273.01.
(d) The third-party defendant may assert against the plaintiff any defense that the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert against the plaintiff any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff.
(e) The plaintiff may assert against the third-party defendant any claim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff.
(f) A defending party may assert against the third-party defendant a claim that the third-party defendant is liable to the defending party for all or part of the claim against the defending party.
(g) A third-party defendant may bring in a nonparty if subdivision (1)(a) of this section would allow a defending party to do so.
(h) Any party may move to strike the third-party claim, to sever it, or try it separately.
(2) When a claim is asserted against a plaintiff, the plaintiff may bring in a nonparty if subdivision (1)(a) of this section would allow a defending party to do so.
Notes of Decisions
Lackman v. Rousselle, 596 N.W.2d 15 (Neb. 1999).
· cites it 8× “by holding that a new trial was required as a result of the trial court’s failure to instruct the jury to separately determine economic and noneconomic damages, (7) in failing to find that Roger was barred by his own contributory negligence from recovering any sum against Jack,…”
Hradecky v. State, 652 N.W.2d 277 (Neb. 2002).
· cites it 7× “Under Neb. Rev. Stat. § 25-331 (Reissue 1995), a third-party claim can be asserted by a defendant only if the trial court determines that the proposed third-party defendant is or may be liable to the defendant for all or part of the plaintiff’s claim.”
Lackman v. Rousselle, 585 N.W.2d 469 (Neb. Ct. App. 1998).
· cites it 17× “Impleader is a procedural device which does not create substantive rights but merely accelerates the accrual of the right to assert a claim of liability over. See 67A C.J.S. Parties § 95 (1978).”
Church of the Holy Spirit v. Bevco, Inc., 338 N.W.2d 601 (Neb. 1983).
· cites it 5× “Therefore, it is necessary to review the nature and function of a third-party action pursuant to Neb. Rev. Stat. § 25-331 (Reissue 1979). Section 25-331 is patterned on Rule 14 of the Federal Rules of Civil Procedure.”
Dammann v. Litty, 452 N.W.2d 522 (Neb. 1990).
· cites it 6× “See Neb. Rev. Stat. § 25-331 (Reissue 1989) (third-party action).”
Slaymaker v. Breyer, 607 N.W.2d 506 (Neb. 2000).
· cites it 9× “The jurisdictional issue posed in this case is whether the order denying the Breyers leave to institute third-party proceedings pursuant to § 25-331 is a final, appealable order. *946 Although we have reviewed such orders in the past, we have never done so in an appeal taken…”
Schuyler State Bank v. Cech, 423 N.W.2d 464 (Neb. 1988).
· cites it 6× “Under Neb. Rev. Stat. § 25-331 (Reissue 1985), Cech filed a third-party action against David W.”
Rawson v. City of Omaha, 322 N.W.2d 381 (Neb. 1982).
· cites it 4× “The opinion extends the subrogation doctrine beyond its purposes. An unresolved tort liability is not a debt.”
AgriStor Credit Corp. v. Radtke, 356 N.W.2d 856 (Neb. 1984).
· cites it 6× “Third-party defendants objected to the subject matter jurisdiction as being contrary to Neb. Rev. Stat. § 25-331 (Reissue 1979). Upon the completion of the evidence the trial court dismissed the warranty issue and allowed the negligence claim to go to the jury.”
Life Investors Ins. Co. of Am. v. Citizens Nat'l Bank, 392 N.W.2d 771 (Neb. 1986).
· cites it 5× “The statute provides in part: At any time after commencement of the action, a defendant, as a third-party plaintiff, may cause a summons to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff’s claim against him.”
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