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13-136 - Gordon v. Turner et al


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13-136 - Gordon v. Turner et al
June 29, 2016
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MEMORANDUM OPINION & ORDER:(1) Defendant Universal Fleet & Tire Service, Inc.s Motion for Summary Judgment 123 be, and is, hereby GRANTED IN FULL Accordingly, summary judgment is entered in Universal Fleets favor as to Count III (negligence), Count V (negligence per se), and Count XI (punitive damages); (2) Defendant Pallet Companies, Inc., d/b/a IFCO Systems, LLCs Motion for Summary Judgment on the Issue of Punitive Damages 125 be, and is, hereby GRANTED IN FULL. Summary judgment is therefore entered in IFCOs favor as to Count XI (punitive damages);(3) Defendant Tenorris F. Turners Motion for Summary Judgment on the Issue of Punitive Damages 128 be, and is, hereby GRANTED IN FULL. Summary judgment is therefore entered in Turners favor as to Count XI (punitive damages);(4) Defendant Midwest Construction Services, Inc., d/b/a Trillium Driver Solutions Motion for Summary Judgment 129 be, and is, hereby GRANTED IN PART and DENIED IN PART. Trillium is entitled to summary judgment as to Count III (negligence), Count V (negligence per se), Count VI (negligent hiring), Count VII (negligent training), Count VIII (negligent supervision), Count X (negligent retention), and Count XI (punitive damages). Trillium is not entitled to summary judgment as to Count II (vicarious liability);(5) Plaintiff Tiffany Gordons Motion for Hearing 143 be, and is, hereby DENIED AS MOOT; (6) The following claims remain in this action: Count I (negligence) against Turner; Count II (vicarious liability) against Trillium and IFCO; Count III (negligent maintenance) against IFCO; Count IV (negligence per se) against Turner; Count V (negligence per se) against IFCO; Count VI (negligent hiring) against IFCO; Count VII (negligent training) against IFCO; Count VIII (negligent supervision) against IFCO; Count IX (negligent entrustment) as to IFCO; and Count X (negligent retention) against IFCO; and (7) Because none of the remaining claims pertain to Defendant Universal Fleet, it be, and is, hereby DISMISSED as a Defendant in this action. Signed by Judge David L. Bunning on 06/29/2016.(KRB)cc: COR