Big G Express Inc. v. Leviton Manufacturing Company, Inc. et al
| Big G Express Inc. |
| Leviton Manufacturing Company, Inc. and American Insulated Wire Corp. |
| 3:2008cv00318 |
| March 28, 2008 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| John S. Bryant |
| Thomas Wiseman |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Property Damage |
| Both |
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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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