Opinion

Warren v. Mallory

Court
District Court, E.D. Louisiana
Filed
Jun 28, 2021
Cited by
0 cases
Authority
More cited than 22.3%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

ANTOINE WARREN, ET AL. CIVIL ACTION

VERSUS NO. 18-11613

PETER MALLORY, ET AL. SECTION: “B”(4)

ORDER AND REASONS

Before the Court is plaintiffs Antoine Warren, Micheuala

Brown, and Anthony Nettles’ motion for partial summary judgment on

the issue of liability, (Rec. Docs. 56, 59, 68), and defendants

Peter Mallory, Wooden Products Transportation, Inc., and Wesco

Insurance Company’s motion in limine regarding third party medical

funding. (Rec. Docs. 64, 71).

For the reasons discussed below, IT IS ORDERED that the motion

for partial summary judgment (Rec. Doc. 56) is DENIED.

IT IS FURTHER ORDERED that the motion in limine (Rec. Doc.

64) is DENIED.

I. FACTS AND PROCEDURAL HISTORY

The facts of this case are simple. An alleged accident

occurred on November 29, 2017 between plaintiff Antoine Warren

and defendant Peter Mallory. Rec. Docs. 56-4 at 1, 59-1 at 1.

Defendant was driving a 2016 Freightline Model TT 18-wheeler

with an attached box trailer and plaintiff was driving his 2005

Cadillac SRX. Rec. Doc. 56-1 at 2. Both drivers were driving

eastbound on Interstate 10. Id. At some point, defendant

attempted to change lanes and collided with plaintiff’s car.

Rec. Id.

Officer Vaughn Valeary responded to the accident and issued

a citation to defendant for improper lane usage. Rec. Docs. 56-4

at 1, 59 at 4. Officer Valeary spoke with plaintiff Antoine

Warren after the accident and he admitted to seeing defendant’s

left blinker at some point before or after the accident. Rec.

Doc. 59-2 at 8-10.

Plaintiffs filed their complaint for negligence in November

2018. Rec. Doc. 1. Due to the COVID-19 pandemic, the jury trial

has been continued several times. Rec. Doc. 42, 66, 69.

Plaintiff filed this motion for partial summary judgment on

liability. Rec. Doc. 56.

II. LAW AND ANALYSIS

Under Federal Rule of Civil Procedure 56, summary judgment is

appropriate when “the pleadings, depositions, answers to

interrogatories, and admissions on file, together with the

affidavits, if any, show that there is no genuine issue as to any

material fact and that the moving party is entitled to judgment as

a matter of law.” Celotex Corp. v. Catrett, 477 U.S. 317, 322

(1986) (quoting Fed. R. Civ. P. 56(c)). See also TIG Ins. Co. v.

Sedgwick James of Wash., 276 F.3d 754, 759 (5th Cir. 2002). A

genuine issue of material fact exists if the evidence would allow

a reasonable jury to return a verdict for the nonmoving party.

Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). The

court should view all facts and evidence in the light most

favorable to the non-moving party. United Fire & Cas. Co. v. Hixson

Bros. Inc., 453 F.3d 283, 285 (5th Cir. 2006). Mere conclusory

allegations are insufficient to defeat summary judgment. Eason v.

Thaler, 73 F.3d 1322, 1325 (5th Cir. 1996).

The movant must point to “portions of ‘the pleadings,

depositions, answers to interrogatories, and admissions on file,

together with the affidavits, if any,’ which it believes

demonstrate the absence of a genuine issue of material fact.”

Celotex, 477 U.S. at 323. If and when the movant carries this

burden, the non-movant must then go beyond the pleadings and

present other evidence to establish a genuine issue. Matsushita

Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586

(1986). However, “where the non-movant bears the burden of proof

at trial, the movant may merely point to an absence of evidence,

thus shifting to the non-movant the burden of demonstrating by

competent summary judgment proof that there is an issue of material

fact warranting trial.” Lindsey v. Sears Roebuck & Co., 16 F.3d

616, 618 (5th Cir. 1994). “This court will not assume in the

absence of any proof that the nonmoving party could or would prove

the necessary facts, and will grant summary judgment in any case

where critical evidence is so weak or tenuous on an essential fact

that it could not support a judgment in favor of the [non-movant].”

McCarty v. Hillstone Rest. Grp., 864 F.3d 354, 357 (5th Cir. 2017).

“Credibility determinations, weighing of the evidence, and the

drawing of legitimate inferences from the facts are jury functions,

not those of a judge.” Reeves v. Sanderson Plumbing Products, Inc.,

530 U.S. 133, 150 (2000) (quoting Anderson v. Liberty Lobby, 477

U.S. 242, 255 (1986)).

Here, plaintiffs are asking the court to make a credibility

determination between plaintiffs’ sworn testimony at their

depositions in December 2019 and Antoine Warren’s inconsistent

statements he made regarding if and when he saw Peter Mallory’s

left blinker to Officer Valeary the night of the accident. If

plaintiff did see the blinker, as allegedly stated to the officer,

he had “a duty to take caution for his or her own safety and evade

an accident if possible.” Rec. Doc. 59-2 at 9. This court will not

make such a determination. It is possible that a reasonable jury

could find comparative fault, and therefore, should be given the

opportunity to hear all of the evidence and make its own

determinations.

Further, plaintiffs seek sanctions against Peter Mallory

for failing to comply with discovery. According to the record,

the first scheduling order was docketed on August 29, 2019 with

discovery set to close by March 10, 2020. Rec. Doc. 22. In

February 2020, the court granted an extension for discovery to

close April 3, 2020 and defendants’ depositions were scheduled

for the weekend of March 27, 2020. Rec. Doc. 33. Because of the

COVID-19 pandemic, this court continued the trial on March 25,

2020 and discovery was extended once more to November 20, 2020.

Rec. Docs. 41, 42. Oddly, Peter Mallory’s deposition was not

scheduled until six months later on October 2, 2020 without

explanation on what prevented an earlier setting. Further,

plaintiffs did not seek sanctions or other relief after the

second deposition was canceled on September 22, 2020 and

after receiving notice on November 4, 2020 that defendant was

no longer cooperating. See Tyll v. Stanley Black & Decker Life

Insurance Program, No. 17-1591, 2018 WL 5847240, at *6 (D. Conn.

Nov. 8, 2018) (discussing cases when parties delayed bringing

discovery issues before the court and were denied relief). Relief

under the foregoing circumstances is tenuous. If plaintiff still

seeks relief, and if good cause is found for filing same at this

juncture, plaintiff may consider a motion to compel subject

deposition, etc. after compliance with local rules of the court.

New Orleans, Louisiana this 28th day of June, 2021

___________________________________

SENIOR UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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