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Zuno v. Wal-Mart Stores

November 5, 2009

JUAN JOSE ZUNO (GODINEZ) A/K/A RAFAEL ESPINOSA A/K/A RAFAEL ESPINOSA NAPOLES A/K/A RAFAEL E. NAPOLES
v.
WAL-MART STORES, INC.; WAL-MART STORES EAST, INC,; WAL-MART STORES EAST, LP, AND WAL-MART REALTY COMPANY



The opinion of the court was delivered by: M. Faith Angell United States Magistrate Judge

MEMORANDUM AND ORDER

On December 5, 2006, the parties in this matter filed a notice of consent to have me conduct all further proceedings in this action. See Docket Entry No. 23. On January 8, 2007, the Honorable Clifford Scott Green ordered that the case be referred to me for all further proceedings and entry of judgment. See Docket Entry No. 25.

On May 29, 2009, I granted the Motion for Summary Judgment filed by Defendants Wal-Mart Stores, Inc.; Wal-Mart Stores East, Inc.; Wal-Mart Stores East, LP, and Wal-Mart Realty Company.*fn1 See Docket Entry No. 84. Plaintiff Juan Jose Zuno (Godinez) a/k/a Rafael Espinosa a/k/a Rafael Espinosa Napoles a/k/a Rafael E. Napoles*fn2 raised three (3) issues in a Motion for reconsideration and/or alteration or amendment of judgment, to which Wal-Mart Defendants responded. For the reasons stated below, I deny Mr. Zuno's motion for reconsideration.

I. BACKGROUND

I presented the factual background in my Memorandum and Order dated May 29, 2009, as follows:

Mr. Zuno was employed by Hansen-Rice, Inc., a roofing contractor hired by Wal-Mart Stores, Inc. and/or Wal-Mart Stores East, LP as the Metal Building Contractor for the Wal-Mart Mechanized Distribution Center in Pottsville, Pennsylvania. On or about July 27, 2005, at approximately 3:35 p.m., Plaintiff was performing metal deck roofing work on the roof of one of the buildings at the Center when a storm approached.

A general warning about the approaching storm was broadcast over the Wal-Mart radio system, so Mr. Zuno and his co-workers began to secure loose materials on the roof and evacuate the roof. When the storm hit, the ferocity of the rain and wind caused objects on the roof to fly about.

As Plaintiff ran to exit the roof, he was struck by a metal roof sheet and was blown off the roof. He was taken by ambulance to the Hershey Trauma Center where it was determined that Mr. Zuno had suffered numerous bone fractures to his arm, face, and leg, but he had received no internal organ damage, nerve damage or internal bleeding.

Napoles v. Wal-Mart Stores, Inc., et al., CA No. 06-2392, Memorandum and Order at 2-3 (E.D.Pa., May 29, 2009).*fn3

II. MOTION FOR RECONSIDERATION

In his motion for reconsideration and/or alteration or amendment of judgment, Plaintiff asserts that his motion must be granted on the basis of new evidence, and that Wal-Mart Defendants' motion for summary judgment should not have been granted where Mr. Zuno presented numerous instances of disputed material facts, which were overlooked by the court. See Plaintiff's Motion for Reconsideration and/or Alteration or Amendment of Judgment*fn4 at I.

III. DISCUSSION

A. Legal Standard

"Federal Rule of Civil Procedure 59(e) allows parties to file a motion to alter or amend a judgment, and, under our local rules, a Rule 59(e) motion is a motion for reconsideration." Conway v. A. I. DuPont Hospital for Children, et al., 2009 WL 1492178 *2 (E.D.Pa. May 26, 2009). Plaintiff filed this motion ...


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