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Named as co-defendant in civil case, not accused of crime in the complaint

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Devka1225

Junior Member
What is the name of your state (only U.S. law)? PA

I just received a notice that I am being sued by a former employer's insurance company in the state of PA in a theft related case. I am a co defendant. While I am named as a co-defendant, the plaintiff (former employer's insurance company) has proof that the other defendant committed the theft (including video surveillance and other irrefutable documentation.) My name does not appear anywhere on the Complaint In Civil Action, other than being named as a defendant. I have been accused of no wrongdoing. I was not charged criminally, though the other defendant was and won despite overwhelming evidence against her. I have a bad relationship with my former employer regarding a separate matter. How can they name me as a defendant, without accusing me of any wrongdoing, and even stating that they have proof that the other defendant committed the theft? They do not even ask the court to enter a judgment against me, this can't be legal.

I do plan on contacting an attorney this week, but just trying to gather some opinions first. I do fully intend on filing a malicious prosecution suit against the insurance company once this is dismissed.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? PA

I just received a notice that I am being sued by a former employer's insurance company in the state of PA in a theft related case. I am a co defendant. While I am named as a co-defendant, the plaintiff (former employer's insurance company) has proof that the other defendant committed the theft (including video surveillance and other irrefutable documentation.) My name does not appear anywhere on the Complaint In Civil Action, other than being named as a defendant. I have been accused of no wrongdoing. I was not charged criminally, though the other defendant was and won despite overwhelming evidence against her. I have a bad relationship with my former employer regarding a separate matter. How can they name me as a defendant, without accusing me of any wrongdoing, and even stating that they have proof that the other defendant committed the theft? They do not even ask the court to enter a judgment against me, this can't be legal.

I do plan on contacting an attorney this week, but just trying to gather some opinions first. I do fully intend on filing a malicious prosecution suit against the insurance company once this is dismissed.
The plaintiff can name anyone as a defendant or a co-defendant in a civil action. It is possible the other defendant implicated you in the theft or the plaintiff believes you assisted with the theft in some way. I can only guess.

Your attorney can review the complaint and the facts and assist you in handling it. Good luck.
 

Devka1225

Junior Member
The plaintiff can name anyone as a defendant or a co-defendant in a civil action. It is possible the other defendant implicated you in the theft or the plaintiff believes you assisted with the theft in some way. I can only guess.

Your attorney can review the complaint and the facts and assist you in handling it. Good luck.
I know this is probably said a lot here, but I honestly didn't do it lol. I've researched malicious prosecution in civil cases. The plaintiff must have a reason to believe that I committed the act. The insurance company clearly states that they have evidence against the other defendant, and only asks for judgment against the other defendant. If she had tried to implicate me at any time, they would have asked for a judgment against me. It makes no sense. They request nothing from me.
 

quincy

Senior Member
I know this is probably said a lot here, but I honestly didn't do it lol. I've researched malicious prosecution in civil cases. The plaintiff must have a reason to believe that I committed the act. The insurance company clearly states that they have evidence against the other defendant, and only asks for judgment against the other defendant. If she had tried to implicate me at any time, they would have asked for a judgment against me. It makes no sense. They request nothing from me.
"Why you?" is a question I can't answer. If you honestly didn't do anything to justify you being named in the suit, your attorney can perhaps work to get you removed from the action, perhaps for failure by the plaintiff to state a claim against you.
 
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latigo

Senior Member
What is the name of your state (only U.S. law)? PA

I just received a notice that I am being sued by a former employer's insurance company in the state of PA in a theft related case. I am a co defendant. While I am named as a co-defendant, the plaintiff (former employer's insurance company) has proof that the other defendant committed the theft (including video surveillance and other irrefutable documentation.) My name does not appear anywhere on the Complaint In Civil Action, other than being named as a defendant. I have been accused of no wrongdoing. I was not charged criminally, though the other defendant was and won despite overwhelming evidence against her. I have a bad relationship with my former employer regarding a separate matter. How can they name me as a defendant, without accusing me of any wrongdoing, and even stating that they have proof that the other defendant committed the theft? They do not even ask the court to enter a judgment against me, this can't be legal.

I do plan on contacting an attorney this week, but just trying to gather some opinions first. I do fully intend on filing a malicious prosecution suit against the insurance company once this is dismissed.
Rely on your attorney's advice and recommendations, not that of strangers.

A procedural issues comes to mind however. You write that you are being sued by "a former employer's insurance company". Then that "they named you as a co-defendant". Who is "they"? Are you certain that the insurance company is a named party plaintiff and that it isn't brought in the sole name of the insured?

Because I have to believe the latter is so.
 

Devka1225

Junior Member
Rely on your attorney's advice and recommendations, not that of strangers.

A procedural issues comes to mind however. You write that you are being sued by "a former employer's insurance company". Then that "they named you as a co-defendant". Who is "they"? Are you certain that the insurance company is a named party plaintiff and that it isn't brought in the sole name of the insured?

Because I have to believe the latter is so.
The plaintiff is the insurance company, subrogee of the employer. The insurance company is suing because they issued payment to the employer, now they want reimbursed.
 

quincy

Senior Member
The plaintiff is the insurance company, subrogee of the employer. The insurance company is suing because they issued payment to the employer, now they want reimbursed.
Have your attorney review the complaint. Something seems amiss.
 

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