776 F. Supp. 2d 222
S.D. Miss.2011Background
- Oct. 25, 2009, Loftus attempted to cross Hwy 27 in Copiah County with a tractor-trailer and was struck by Welch's motorcycle.
- Eyewitnesses: Loftus stated or implied he lost his job; another witness said Loftus admitted fault.
- Welch has no recollection of the collision.
- CSPD issued a citation but later withdrew it; the report concluded Loftus failed to yield, made an improper turn, and visibility was obstructed by Loftus’ vehicle.
- Welch sued Loftus, and impliedly the employer (Contractors Cartage, Inc.) and lessor (Truck Transport, Inc.) under vicarious liability; defendants moved for partial summary judgment on negligent entrustment, negligence per se, and punitive damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether negligent entrustment survives given vicarious liability admission | Welch argues negligent entrustment remains viable despite employer's vicarious-liability admission | TTI admits vicarious liability, rendering negligent-entrustment moot | Summary judgment for defendants; negligent entrustment granted for all defendants |
| Whether Welch sufficiently pleaded negligence per se | Complaint alleges failure to yield right of way and violation of Mississippi traffic laws | Lack of explicit statutory citation defeats notice pleading | Negligence per se claim survives; pleading suffices under Rule 8; denial of summary judgment on this claim |
| Whether punitive damages summary judgment is warranted | punitive damages warranted based on Loftus’ conduct | High threshold for punitive damages not met at this stage | Summary judgment on punitive damages denied; factual dispute remains |
| Whether the court should grant partial summary judgment on other negligence theories | N/A | N/A | Other issues unresolved; court denied in part, granted in part as to negligent entrustment |
| Whether any other claims require dismissal or are moot | N/A | N/A | Noted as part of disposition; no additional claims resolved beyond the three grounds above |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (pleading standard requires a short, plain statement of the claim)
- Jackson v. Cain, 864 F.2d 1235 (5th Cir.1989) (judicial admonition on credibility and weighing evidence in summary judgment)
- Hulsey v. State of Texas, 929 F.2d 168 (5th Cir.1991) (summary judgment discretion and credibility considerations)
- Amant v. Benoit, 806 F.2d 1294 (5th Cir.1987) (standard for evaluating summary judgment evidence)
- Forsyth v. Barr, 19 F.3d 1527 (5th Cir.1994) (competent summary judgment evidence requirements)