Big G Express Inc. v. American Insulated Wire Corp.

Justia Dockets & Filings First Circuit Rhode Island District Court Big G Express Inc. v. American Insulated Wire Corp.

Big G Express Inc. v. American Insulated Wire Corp.

Plaintiff:	Big G Express Inc.
Defendant:	American Insulated Wire Corp.
Case Number:	1:2009cv00240
Filed:	May 21, 2009
Court:	US District Court for the District of Rhode Island
Office:	Providence Office
County:	XX US, Outside State
Presiding Judge:	Lincoln D. Almond
Presiding Judge:	Mary M Lisi
Nature of Suit:	Both
Cause of Action:	28 U.S.C. § 1332 Diversity-Property Damage
Jury Demanded By:	Both

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Date Filed	Document Text
March 10, 2009	Filing 94 ORDER GRANTING IN PART AND DENYING IN PART PLTF'S MOTION FOR PARTIAL SUMMARY JUDGMENT 69 : Specifically with respect to the affirmative defense based upon Janice Evans' alleged comparative negligence, AIW now concedes, after having conduct ed discovery, that the evidence as developed does not support a finding that Evans caused or contributed to the accident. The motion to dismiss AIW's affirmative defense of comparative negligence as to Evans is therefore GRANTED. In sum, materia l factual disputes preclude partial summary judgment as to the deft's comparative negligence defense as to David Oliveira. Pltf Big G's motion for partial summary judgment is therefore DENIED insofar as it seeks dismissal of AIW's affirmative defense of comparative fault as to Oliveira. Signed by Senior Judge Thomas Wiseman on 3/10/09. (tmw) Modified text on 3/10/2009 (tmw).

Date Filed

Document Text

March 10, 2009

Filing 94 ORDER GRANTING IN PART AND DENYING IN PART PLTF'S MOTION FOR PARTIAL SUMMARY JUDGMENT 69 : Specifically with respect to the affirmative defense based upon Janice Evans' alleged comparative negligence, AIW now concedes, after having conduct ed discovery, that the evidence as developed does not support a finding that Evans caused or contributed to the accident. The motion to dismiss AIW's affirmative defense of comparative negligence as to Evans is therefore GRANTED. In sum, materia l factual disputes preclude partial summary judgment as to the deft's comparative negligence defense as to David Oliveira. Pltf Big G's motion for partial summary judgment is therefore DENIED insofar as it seeks dismissal of AIW's affirmative defense of comparative fault as to Oliveira. Signed by Senior Judge Thomas Wiseman on 3/10/09. (tmw) Modified text on 3/10/2009 (tmw).

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Plaintiff: Big G Express Inc.
Represented By:	R. Eddie Wayland
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Defendant: American Insulated Wire Corp.
Represented By:	Stephen D. Barham
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