Diaz v. Burgess, No. Cv 01-0808002 (Sep. 10, 2001)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION RE: MOTION TO STRIKE REVISED CROSS CLAIMThe defendants Ann Burgess, et al., have filed a motion to strike the revised cross claim against them by the cross-plaintiffs Mary Sue Enhiser, et al., for indemnification. Both Burgess and Enhiser are co-defendants in the lawsuit by the original plaintiffs, Diaz, et al., for liability for the automobile accident and claimed injuries therefrom.

The Enhiser revised cross claim against the cross-defendant Burgess alleges exclusive control by Burgess of the public highway, Interstate 84, on which the accident occurred. The defendant Burgess cannot be in exclusive control of a public highway. Sanclemente v. Wlaz, no. CV 91-0394430, May 12, 1992 (Aurigemma, J.).

The motion to strike the revised cross complaint is granted.

David L. Fineberg Superior Court Judge.