A U.S. District Court judge removed Southern Miss Trucking Inc. from a negligence case that stems from an accident that the plaintiff alleges was its driver's fault.
U.S. District Court Judge Jane Triche Milazzo of the Lousiana Eastern District dismissed Southern Miss from a lawsuit Temeka, Dwanda and Lorraine Jones brought against National Liability & Fire Insurance Co., truck driver Tony Smith and Southern Miss on March 23.
The defendants challenged the plaintiffs’ claim that Southern Miss has independent liability because it didn’t properly train Smith. They said when an employer admits that the work was within the scope of employment when an employee allegedly performs a negligent act, the employer can’t be blamed for both vicarious liability and direct negligence.
A U.S. District judge granted a motion to dismiss with prejudice claims of independent negligence against a trucking company in a multi-vehicle accident.
| By PRA
Judge Milazzo said in her order that since no previous court case exists that led to a binding ruling on this issue, the court has to lean on Erie to determine how the state’s highest court would settle the dispute.
The plaintiffs’ sole argument was that the defendants’ motion was filed too early. As such the court should wait to rule and permit more discovery.
Judge Milazzo said that Federal Rule of Civil Procedure 56(d) only lets a court delay its ruling for a motion like the defendants’, and to allow more discovery, if the other side can prove why the defendants need more discovery, and how that said discovery will produce a genuine issue of fact.
“The issue before the court in this motion is a legal issue and further development of the facts would have no bearing on its outcome,” Justice Milazzo said in her order. “Accordingly, plaintiff’s claims for independent negligence against Southern Miss are dismissed.”
The claims against Southern Miss were dismissed with prejudice, so the trucking company can’t be sued for this claim again by the plaintiffs.
U.S. District Court Louisiana Eastern District case number 19-4353 c/w 19-9980