Bartoe v. Missouri Barge Line Company, Inc.
| Raymond Bartoe |
| Missouri Barge Line Company, Inc. and Cape Girardeau Fleeting, Inc. |
| 1:2007cv00165 |
| July 7, 2009 |
| US District Court for the Eastern District of Missouri |
| Cape Girardeau Office |
| Rodney W. Sippel |
| Other Statutory Actions |
| 46 U.S.C. ยง 688 Jones Act |
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Filing
79
MEMORANDUM AND ORDER re: 61 MOTION for Partial Summary Judgment filed by Plaintiff Raymond Bartoe, 48 MOTION for Partial Summary Judgment filed by Defendant Missouri Barge Line Company, Inc., Defendant Cape Girardeau Fleeting, Inc. IT IS HEREBY OR DERED Bartoe's motion for partial summaryjudgment [#61] is GRANTED in part and DENIED in part. Bartoe's motion forpartial summary judgment is granted as to the Defendants' affirmative defenseunder the primary duty doctrine. Bartoe' ;s motion for partial summary judgment is denied as to Defendants' affirmative defense of limitation of liability. IT IS FURTHER ORDERED that Defendants motion for partial summary judgment [#48] is GRANTED in part and DENIED in part. Defendants& #039; motion for partial summary judgment is granted as to Bartoe's claims that ice on the deck rendered it unseaworthy. Defendants' motion for partial summary judgment is denied as to Bartoe's Jones Act claims for negligence relating to ice formation on the deck. Defendants' motion for partial summary judgment is denied as to Bartoe's claims that insufficient deckhands rendered the vessel unseaworthy. Defendants' motion for partial summary judgment is denied as to Bartoe's Jones Act claims for negligence for failing to provide sufficient deckhands. Signed by Honorable Rodney W. Sippel on 07/07/2009. (JMC)
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Filing
58
MEMORANDUM AND ORDER re: 44 MOTION to Strike Defendants' Affirmative Defenses (B) & (D) filed by Plaintiff Raymond Bartoe motion is DENIED( Response to Court due by 5/5/2009.)IT IS FURTHER ORDERED that Plaintiff may file a motion for par tial summary judgment on the issues contained in his motion to strike. Bartoes motion, statement of uncontroverted material facts, memorandum in support, and accompanying documentation are due no later than May 5, 2009. Defendants response in opposition is due no later than June 5,2009. Plaintiff may file a reply no later than June 25, 2009.. Signed by Honorable Rodney W. Sippel on 04/24/2009. (JMC)
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