Legal Definitions - cross-plaintiff

A cross-plaintiff is a party in an existing lawsuit who files a claim against another party *already involved in that same lawsuit*. This claim, known as a cross-claim, is typically made by a defendant against another defendant, or by a defendant against the original plaintiff, seeking relief related to the original dispute. Essentially, the cross-plaintiff acts like a plaintiff by asserting a new claim, but does so within the context of an ongoing case rather than initiating a brand new lawsuit.

Here are some examples to illustrate this concept:

• Example 1: Construction Dispute
  Imagine a homeowner (Plaintiff) sues a general contractor (Defendant 1) for defects in a newly built house. The general contractor, in turn, believes that the faulty plumbing was caused by a specific subcontractor (Defendant 2) they hired. Instead of filing a separate lawsuit, the general contractor can file a cross-claim against the plumbing subcontractor within the homeowner's original lawsuit. In this situation, the general contractor becomes the cross-plaintiff against the plumbing subcontractor.

  How it illustrates the term: The general contractor was already a defendant in the homeowner's case. By asserting a claim against another party (the subcontractor) who is also involved in the same lawsuit, the general contractor takes on the role of a cross-plaintiff.

• Example 2: Automobile Accident
  Consider a scenario where Driver A (Plaintiff) sues Driver B (Defendant) for damages resulting from a car accident. Driver B, however, believes that Driver A was actually at fault for the collision and caused damage to Driver B's vehicle. Driver B can then file a cross-claim against Driver A for their own damages within the existing lawsuit. Here, Driver B is acting as the cross-plaintiff against Driver A.

  How it illustrates the term: Driver B, initially the defendant, is now asserting a claim for relief against the original plaintiff (Driver A) within the same legal proceeding, thereby becoming a cross-plaintiff.

• Example 3: Business Contract Dispute
  A software development company (Plaintiff) sues a client (Defendant 1) for unpaid fees on a large project. The client (Defendant 1) argues that the software failed to meet specifications because a third-party consulting firm (Defendant 2), which recommended and oversaw the software's integration, provided incorrect guidance. Defendant 1 then files a cross-claim against the consulting firm (Defendant 2) for professional negligence. In this instance, the client (Defendant 1) is the cross-plaintiff against the consulting firm (Defendant 2).

  How it illustrates the term: Defendant 1, already involved in the lawsuit, initiates a claim against another party (Defendant 2) who is also part of the same legal action, thus functioning as a cross-plaintiff.