This case has been cited 1 times or more.
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2005-05-17 |
CALLEJO, SR., J. |
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| A prerequisite to the exercise of such right is that some substantive basis for a third-party claim be found to exist, whether the basis be one of indemnity, subrogation, contribution or other substantive right.[17] The bringing of a third-party defendant is proper if he would be liable to the plaintiff or to the defendant or both for all or part of the plaintiff's claim against the original defendant, although the third-party defendant's liability arises out of another transaction.[18] The defendant may implead another as third-party defendant (a) on an allegation of liability of the latter to the defendant for contribution, indemnity, subrogation or any other relief; (b) on the ground of direct liability of the third-party defendant to the plaintiff; or (c) the liability of the third-party defendant to both the plaintiff and the defendant.[19] There must be a causal connection between the claim of the plaintiff in his complaint and a claim for contribution, indemnity or other relief of the defendant against the third-party defendant. In Capayas v. Court of First Instance,[20] the Court made out the following tests: (1) whether it arises out of the same transaction on which the plaintiff's claim is based; or whether the third-party claim, although arising out of another or different contract or transaction, is connected with the plaintiff's claim; (2) whether the third-party defendant would be liable to the plaintiff or to the defendant for all or part of the plaintiff's claim against the original defendant, although the third-party defendant's liability arises out of another transaction; and (3) whether the third-party defendant may assert any defenses which the third-party plaintiff has or may have to the plaintiff's claim. | |||||