Hammond v. Lincoln Technical Institute, Inc.

Justia Dockets & Filings Second Circuit New York Eastern District Hammond v. Lincoln Technical Institute, Inc.

Hammond v. Lincoln Technical Institute, Inc.

Plaintiff:	Brian M. Hammond
Defendant:	Lincoln Technical Institute, Inc.
Case Number:	1:2010cv01933
Filed:	April 29, 2010
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Jack B. Weinstein
Nature of Suit:	P.I.: Other
Cause of Action:	28 U.S.C. § 1441 Notice of Removal
Jury Demanded By:	None

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Date Filed	Document Text
January 30, 2012	Filing 42 ORDER granting 30 Motion for Summary Judgment: For the reasons described in the attached Opinion, I conclude that: (1) plaintiff is not entitled to an inference of negligence under res ipsa loquitur because the machinery was not within def endant's exclusive control; and (2) plaintiff failed to put forth evidence establishing that defendant breached its duty to maintain the machinery or negligently failed to supervise plaintiff's class, and therefore plaintiff cannot establis h a prima facie case of negligence. Accordingly, defendant's motion for summary judgment is granted, and the Clerk of the Court is respectfully directed to close the case. Ordered by Magistrate Judge Joan M. Azrack on 1/30/2012. (White, Sarah)

Date Filed

Document Text

January 30, 2012

Filing 42 ORDER granting 30 Motion for Summary Judgment: For the reasons described in the attached Opinion, I conclude that: (1) plaintiff is not entitled to an inference of negligence under res ipsa loquitur because the machinery was not within def endant's exclusive control; and (2) plaintiff failed to put forth evidence establishing that defendant breached its duty to maintain the machinery or negligently failed to supervise plaintiff's class, and therefore plaintiff cannot establis h a prima facie case of negligence. Accordingly, defendant's motion for summary judgment is granted, and the Clerk of the Court is respectfully directed to close the case. Ordered by Magistrate Judge Joan M. Azrack on 1/30/2012. (White, Sarah)

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Plaintiff: Brian M. Hammond
Represented By:	Ilya Novofastovsky
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Defendant: Lincoln Technical Institute, Inc.
Represented By:	David Scott Rutherford
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