Opinion

Paulk v. Tennessee Valley Authority

Court
District Court, N.D. Alabama
Filed
Sep 30, 2024
Cited by
0 cases
Authority
More cited than 31.1%

“Rule 14(c) permits a defendant to implead a third-party defendant for two purposes: (1) to seek contribution or indemnification from the third-party defendant, and (2) to tender the third-party defendant to the plaintiff.”

How later courts described this case

  • “Rule 14(c) permits a defendant to implead a third-party defendant for two purposes: (1) to seek contribution or indemnification from the third-party defendant, and (2) to tender the third-party defendant to the plaintiff.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ALABAMA

NORTHEASTERN DIVISION

GERALD PAULK, et al.,

Plaintiffs,

v.

Case No. 5:22-cv-15-CLM

TENNESSEE VALLEY

AUTHORITY,

Defendant.

________________________________

JOSEPH MILES, et al.,

Plaintiffs,

v.

TENNESSEE VALLEY Case No. 5:22-cv-105-CLM

AUTHORITY,

Defendant.

__________________________________

TOMMY JONES, et al.,

Plaintiffs,

v.

Case No. 5:22-cv-114-CLM

TENNESSEE VALLEY

AUTHORITY,

Defendant.

MEMORANDUM OPINION

Tim Parker moves to dismiss the Electric Power Board of the City

of Scottsboro (“SEPB”) and the City of Scottsboro’s “Fourth Party

Complaints.” (Doc. 151); (doc. 159)..1 Because Parker filed two almost

identical motions asking the court to dismiss two similar claims, the court

1 The court cites the record as it appears in Paulk, et al. v. Tennessee Valley Auth., et al. (5:22-

cv-15-CLM).

resolves the motions together in one opinion. The court DENIES both of

Parker’s pending motions to dismiss.

BACKGROUND

Because this case has an extensive filing history, the record already

contains ample factual summaries. So the court’s factual recitation is

minimal here. The parties involvement is as follows:

• Tim Parker owned the Dixie Delight—a liveaboard houseboat that

caught fire in January 2020.

• The Dixie Delight was berthed at Dock B that Jackson County owns

and maintains.

• SEPB owned and operated the electrical system powering Dock B.

• The City of Scottsboro—through its fire department—inspected and

maintained the electrical system.

• Jackson County built Dock B on land the United States granted by

easement.

• The Tennessee Valley Authority issued the permit authorizing

Jackson County to construct the dock.

The fire started in the Dixie Delight’s inner walls near an electrical

panel. The fire engulfed the houseboat and spread to neighboring vessels.

Because the Dixie Delight was docked closest to the shore, it prevented

occupants of other vessels from escaping the fire. The fire resulted in

deaths, personal injuries, and property destruction.

Shortly after the fire, Plaintiffs filed three state court lawsuits

against Scottsboro and SEPB. A year later, Plaintiffs filed three federal

lawsuits against TVA.2 TVA filed a Third-Party Complaint against

Scottsboro, Jackson County, SEPB, and Parker. (Doc. 118). But TVA

voluntarily dismissed all pending claims against Parker. (Doc. 149).

Scottsboro and SEPB answered TVA’s amended complaint and included

2 The lead case, Paulk, et al. v. Tennessee Valley Auth., et al. (5:22-cv-15-CLM), is consolidated

with Miles v. Tennessee Valley Auth., et al. (5:22-cv-105) and Jones, et al. v. Tennessee Valley

Auth., et al. (5:22-cv-114-CLM).

“Fourth Party Complaints” against Parker. (Doc. 151); (doc. 159). Their

only claim is a right to contribution from Parker for his share of the

liability.

Parker moves to dismiss both Scottsboro and SEPB’s contribution

claims under Rule 12(b)(6). (Doc. 168); (doc. 169). Parker argues that any

claim Scottsboro or SEPB has against him should have been brought as a

compulsory counterclaim in state court. Parker also claims that

contribution isn’t a standalone cause of action. SEPB and Scottsboro

oppose Parker’s counterclaim theory since TVA wasn’t a party in state

court. They also argue that contribution is a standalone claim under

maritime law.

STANDARD OF REVIEW

To survive a Rule 12(b)(6) motion to dismiss, a plaintiff must plead

enough facts to state a claim that is “plausible on its face.” Ashcroft v.

Iqbal, 556 U.S. 662, 678 (2009) (citation omitted). A claim is plausible on

its face when a plaintiff “pleads factual content that allows the court to

draw the reasonable inference that the defendant is liable for the

misconduct alleged.” Id. When considering the motion, the court accepts

all factual allegations of the complaint as true and construes them in the

light most favorable to the plaintiff. Pielage v. McConnell, 516 F.3d 1282,

1284 (11th Cir. 2008) (citation omitted).

DISCUSSION

Parker raises two arguments, neither of which compels dismissal.

1. Parker argues that the compulsory counterclaim doctrine bars

SEPB and Scottsboro from bringing a contribution claim in federal court.

(Doc. 168, p. 5); (doc. 169, p. 5); Fed. R. Civ. P. 13. But the court disagrees.

SEPB and Scottsboro couldn’t assert contribution in state court because

TVA wasn’t a party in those actions. And SEPB and Scottsboro request

contribution from Parker only if the court finds them liable on TVA’s

third-party complaint. (Doc. 151, p. 24); (doc.159, p. 18–19). SEPB and

Scottsboro couldn’t have been compelled to assert contribution in state

court because, at that time, they didn’t need to: the need only arose after

TVA asserted claims against them in federal court.

2. Parker also argues that contribution is not a standalone claim.

(Doc. 168, p. 12); (doc. 169, p. 12). But here too Parker is mistaken.

Contribution is a standalone claim in admiralty law. 1 Admiralty & Mar.

Law. § 5:16 (Contribution is a cause of action that arises when a tortfeasor

pays more than his pro rata share of a judgment.”); Ambraco, Inc. v.

Bossclip B.V., 570 F.3d 233, 242 (5th Cir. 2009) (“Rule 14(c) permits a

defendant to implead a third-party defendant for two purposes: (1) to seek

contribution or indemnification from the third-party defendant, and (2) to

tender the third-party defendant to the plaintiff.”). In a case like this

pleaded under Rule 9(h), Rule 14(c)’s plain language allows a defendant

to bring in a third-party defendant for contribution. Fed. R. Civ. P. 14(c)(1)

(“If a plaintiff asserts an admiralty or maritime claim under Rule 9(h), the

defendant . . . may, as a third-party plaintiff, bring in a third-party

defendant who may be wholly or partly liable—either to the plaintiff or to

the third-party plaintiff— for remedy over, contribution, or otherwise . . .

.”). The court can use a claim for contribution as the means to evaluate

and assign liability—even without an accompanying tort claim.

The court construes both SEPB and Scottsboro’s contribution claims

as if they were properly pleaded under Rule 14(c). The court treats SEPB

and Scottsboro as defendants turned third-party plaintiffs and Parker as

a third-party defendant. By the plain language of Rule 14(c), SEPB and

Scottsboro are free to use the impleader rules to bring a contribution claim

against Parker. Because SEPB and Scottsboro don’t need to bring

separate tort claims with their contribution claims, Parker’s concerns

about the statute of limitations are also resolved. (Doc. 168, p. 11); (doc.

169, p. 11).

CONCLUSION

For the reasons explained above, the court DENIES Parker’s

Motions to Dismiss. (Doc. 168); (doc. 169).

DONE and ORDERED on September 30, 2024.

Cony MAZE :

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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