Wolt v. Embankscape Equipment, LLC
4:22-cv-02503
| S.D. Tex. | Feb 5, 2025Background
- Leon Wolt, employed by Kinloch Equipment & Supply, was injured while servicing a remote-controlled mower made by RC Mowers, with components from Kar-Tech and originally manufactured by Ariens/Gravely.
- Wolt alleges he followed RC Mowers’ instructions during maintenance; upon releasing the brake, the mower unexpectedly moved, causing serious injury.
- Leon and Debra Wolt sued RC Mowers, Kar-Tech, and Gravely, asserting products liability and negligence claims; claims against Gravely were later dismissed.
- RC Mowers sought to designate Kinloch (Wolt’s employer) as a responsible third party under Texas law, arguing Kinloch’s alleged failure in training and supervision contributed to the injury.
- Plaintiffs objected to the timing of RC Mowers’ motion, claiming it was filed too late for adequate discovery.
- The court previously ordered RC Mowers and Kinloch to provide further discovery regarding Kinloch’s role and training materials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of motion to designate responsible 3rd party | Motion was untimely, under 30 days remaining for discovery | Motion was timely—filed before scheduling order's motions deadline | Motion timely—motions deadline controls |
| Right to discovery on Kinloch’s conduct | Late designation thwarts ability to obtain evidence | Kinloch was disclosed early, and court permitted related discovery | No prejudice—plaintiffs could get needed discovery |
| Applicability of state vs. federal deadlines | State law (60-day) deadline or joinder deadline for new parties should apply | Federal courts generally apply scheduling order's motions deadline | Federal rule and motions deadline applies |
| Sufficiency of basis to designate Kinloch | No further substantive objection raised | Cited Wolt’s deposition as to training and supervision | Designation permitted; sufficient showing by RC Mowers |
Key Cases Cited
No official reporter citations provided in the opinion text; all cited authorities have only Westlaw or district court docket citations, which are omitted per instructions.