Summary
analyzing a motor-carrier's liability under state agency law after noting that the ICC regulations create an irrebuttable presumption of an employment relationship between the carrier and driver
Summary of this case from Bays v. Summitt Trucking, LLCOpinion
No. 2:05-0017.
August 1, 2006
ORDER
In accordance with the Memorandum filed herewith, the Defendant J.B. Expedited Inc.'s motions for summary judgment, (Docket Entry Nos. 37 and 55) are GRANTED in part, to dismiss the Plaintiff's joint enterprise claim against this defendant, but is otherwise DENIED. The Defendant Kusnierz's motion for summary judgment (Docket Entry No. 34) is DENIED. The Defendant C M Transport's motion for summary judgment (Docket Entry No. 38) is DENIED. The Defendants' motion for hearing (Docket Entry No. 40) is DENIED. The Defendant Kusnierz's motion to strike affidavits (Docket Entry No. 51) is DENIED. The Plaintiff's motion for sanctions (Docket Entry No. 57) is DENIED. in part, to grant a jury instruction on spoliation of evidence, but is otherwise DENIED. Plaintiff's motion for Order of reference for ADR proceedings (Docket Entry No. 68) is DENIED.
It is so ORDERED.