Yeazell, pp. 32-33
Procedural Posture: The manufacturer moved to dismiss the plaintiff’s suit
for failure to join the doctor and hospital under Rule 19. The district court ordered
Issue: Are joint tortfeasors indispensable parties under Rule 19(b)?
Rule: It is not necessary for all joint tortfeasors to be named as defendants in the same suit.
Analysis: The Court finds that joint tortfeasors are permissive rather than indispensable parties. Even though the Court finds that it would be more efficient to have all the parties in the same suit, it refuses to force the plaintiff to run their suit that way.
Conclusion: The judgment of the Fifth Circuit is reversed and the case is remanded.