Wasik v. Borg
United States Court of Appeals for the Second Circuit
423 F.2d 44 (1970)
After Borg's (defendant) car, allegedly suffering a runaway throttle defect, collided with Wasik (plaintiff), Borg impleaded manufacturer Ford as a third-party defendant; at trial Ford was fully represented, cross-examined both parties, and was treated throughout as a party facing potential direct liability, with Wasik's own attorney effectively adopting Borg's defective-design narrative. The jury found Borg not negligent but held Ford liable for $8,700 in damages, and Ford appealed, challenging its direct liability to a plaintiff who had never formally pleaded a claim against it.
Whether a third-party defendant may be held directly liable to the plaintiff under the Federal Rules of Civil Procedure when the plaintiff never formally pleaded a direct claim against it, but the issue was tried with the parties' consent.