Taito

Plaintiff/employee filed a complaint against a third party for injuries sustained while in the course and scope of his employment. The workers’ compensation carrier for plaintiff’s employer later filed a complaint in intervention in plaintiff’s third party action. Plaintiff was subsequently permitted to file a complaint in intervention in his own third party action, but the court later struck plaintiff’s complaint in intervention. Plaintiff appeals from the order striking his complaint in intervention in his own third party action. We affirm.

Factual and Procedural Synopsis

On July 10, 1989, appellant filed a complaint for personal injuries against Owens Coming, John Doe and Does I to X. Appellant alleged that he was physically attacked and beaten by John Doe on January 28, 1989, on premises owned by Owens Coming. At the time of the incident, appellant was acting within the course and scope of his employment as a security guard for Wells Fargo Guard, and John Doe was acting within the course and scope of his employment as a truck driver for Owens Coming.

On May 29, 1990, the complaint was served on respondent Apex Bulk Commodities, Inc. (Apex), named as Doe I. Apex…