Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Amy J. St. Eve than Assigned Judge
The Court denies Trace Ambulance Inc.'s motions to dismiss (i) Count II of RQM's Third Party Complaint and (ii) Count II of Brunswick's Third Party Complaint .
O[ For further details see text below.] Notices mailed by Judicial staff.
Third-party plaintiff RQM, LLC ("RQM") filed an amended third-party complaint against third-party defendant Trace Ambulance, Inc. ("Trace") bringing claims of contribution (Count I) and implied indemnity (Count II). Third-party plaintiff Brunswick Boat Group and Brunswick Corporation ("Brunswick") also filed an amended third-party complaint against Trace, bringing nearly identical claims. Trace now moves to dismiss the implied indemnity claim (Count II) in both third-party complaints. (R. 81, Mot. to Dismiss RQM Count II; R. 93, Mot. to Dismiss Brunswick Count II.) Given the similarity of the issues raised, the Court considers Trace's motions to dismiss together, and denies both motions.
On March 12, 2010, Scot Vandenberg and Patricia Vandenberg filed a lawsuit in the Circuit Court of Cook County against RQM, LLC ("RQM"), Brunswick Corporation, and Brunswick Boat Group (a division of Brunswick Corporation) (together, "Brunswick"). The Vandenbergs' lawsuit arises out of an incident that took place on September 1, 2009, during an event that Mr. Vandenberg's employer, Trace Ambulance, Inc. ("Trace"), sponsored on a motor yacht that it chartered from RQM. At that event, while the yacht was anchored in the coastal waters of Lake Michigan, Mr. Vandenberg fell from the yacht's stern top deck to its stern well deck and sustained serious injuries. Mr. Vandenberg brings claims against RQM and Brunswick for the injuries he sustained during the incident, and his wife claims damages for loss of consortium.
Seeking the protections provided in the Shipowners' Limitation of Liability Act, 46 U.S.C. §§ 30505 et seq, and in accordance with the Federal Rules of Civil Procedure, Supplemental Admiralty and Maritime Claims Rule F ("Rule F"), RQM filed a timely Complaint for Exoneration From or Limitation of Liability in this Court on August 31, 2010. (R. 1.) The Court subsequently enjoined from further prosecution and litigation all other related matters, including the Vandenbergs' state court action. (R. 14.) On October 8, 2010, the Vandenbergs filed a Claim Pursuant to Rule F. (R. 24.) Both Vandenbergs bring negligence claims and strict liability claims against Brunswick, the yacht's manufacturer. Against RQM, Mr. Vandenberg brings an additional negligence claim and Patricia Vandenberg brings a loss of consortium claim. (Id.)
On February 3, 2011, RQM filed a third-party complaint against Trace pursuant to Federal Rule of Civil Procedure 14(c). (R. 73.) In its TPC, RQM brings admiralty or maritime claims under Rule 9(h) for contribution (Count I) and implied indemnification (Count II). On March 14, 2011, Brunswick filed a similar third-party complaint against Trace, bringing admiralty or maritime claims under Rule 9(h) for contribution (Count I) and implied indemnification (Count II). (R. 86.) Trace answered the ...