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Bradley v. Speed

January 16, 2008

TRACEY BRADLEY, PLAINTIFF
v.
WALTER L. SPEED, GAINEY TRANSPORT SERVICES, GAINEY TRANSPORTATION SERVICES, INC., AND GAINEY CORPORATION, DEFENDANTS



The opinion of the court was delivered by: Judge Kosik

MEMORANDUM AND ORDER

We have before us a motion for partial summary judgment*fn1 pursuant to Fed.R.Civ.P. 56 directed at several counts of the amended complaint: Count II, negligent hiring against the Gainey defendants; Count III, negligent entrustment against the Gainey defendants; and Count IV, punitive damages against all defendants.

The motion has been briefed with references to evidence established through discovery. After examination of the briefs and evidence, there appears to us to be genuine issues as to material fact. Plaintiff should be allowed to offer proof at trial regarding punitive damages which may have direct impact on Counts II and III. We caution, however, that under the authority of Burke v. Maassen, 904 F.2d 178 (3d Cir. 1990), plaintiffs' burden may be a heavy one.

Accordingly, the defense motion is DENIED, and the defendants are given twenty (20) days in which to file an answer.

SO ORDERED.

Edwin M. Kosik United States ...


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