Boyd v. Continental Baking Co.

887 F. Supp. 913, 1995 U.S. Dist. LEXIS 8755, 1995 WL 374979
CourtDistrict Court, N.D. Mississippi
DecidedMay 25, 1995
DocketNos. 3:93CV37-B-D, 3:93CV38-B-D and 3:93CV39-B-D
StatusPublished
Cited by1 cases

This text of 887 F. Supp. 913 (Boyd v. Continental Baking Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boyd v. Continental Baking Co., 887 F. Supp. 913, 1995 U.S. Dist. LEXIS 8755, 1995 WL 374979 (N.D. Miss. 1995).

Opinion

MEMORANDUM OPINION

BIGGERS, District Judge.

These consolidated actions come before the court on the motions for summary judgment filed by defendants Heartland Express, Inc. [Heartland] and Continental Baking Company [Continental], The court has duly considered the parties’ memoranda and exhibits and is ready to rule.

I. Facts

These actions were brought on behalf of the wrongful death beneficiaries of Ruby Armstrong, Alice Boyd and Glenda Williams. The following facts are undisputed. On March 7, 1992, at approximately 6:30 a.m., a collision occurred between vehicles operated by third-party defendant Clarence E. Curry and Thomas Lane, Continental’s employee, at the intersection of U.S. Highway 61 and Star Landing Road in Desoto County, Mississippi [the first accident]. These vehicles came to rest on Highway 61. At the time of the accident a dense fog covered the area, resulting in extremely poor visibility. Lane was killed instantly. Within minutes of the first accident, Jeffrey Todd Parsons, operating an 18-wheeler tractor-trailer as Heartland’s employee, approached the intersection traveling north on Highway 61. Leo Allred, a driver who had discovered the intersection collision, flagged down Parsons approximately 250 feet south of the intersection. Due to the extremely poor visibility and dense fog, Parsons could not visualize the wrecked vehicles or the flashing lights of the emergency vehicles. Allred advised Parsons of the collision and told him that he could not proceed through the intersection. Parsons stopped the tractor-trailer in the northbound lane of Highway 61. The vehicle driven by Ruby Armstrong and occupied by Alice Boyd, Glenda Williams and Mareo Boyd1 rear-ended Heartland’s tractor-trailer [the second accident].

The complaints allege that Lane and Parsons were negligent and that Continental and Heartland are vicariously liable under the doctrine of respondeat superior. Lane was [915]*915allegedly negligent in failing to maintain a reasonable and proper lookout for vehicles on Highway 61, failing to yield the right of way to the Curry vehicle, failing to direct traffic after his collision, failing to place flares or other warning devices on Highway 61, failing to direct the Heartland vehicle off the roadway, and committing “other negligent acts to be shown at the trial of this case.” Parsons was allegedly negligent in failing to maintain a reasonable and proper lookout for northbound vehicles on Highway 61, blocking the northbound lane on Highway 61, failing to pull onto the shoulder or forward onto Star Landing Road, failing to place flares or other warning devices at the rear of the Heartland tractor-trailer, failing to position himself at the rear of the tractor-trailer to safely flag down approaching traffic, and committing other negligent “acts to be shown at the trial of this case.”

II. Heartland’s Motion for Summary Judgment

In opposition to Heartland’s motion, the plaintiffs submit the affidavits of Robert James White and Willie White, Jr., eyewitnesses of the second accident. Heartland moves to strike the affidavits on the grounds that they contain eonclusory opinions which the affiants are incompetent to offer and do not set forth facts admissible at trial, as required under Rule 56(e) of the Federal Rules of Civil Procedure. The affidavits set forth the affiants’ belief that the second accident would not have occurred had Parsons placed warning signs or flares behind the Heartland tractor-trailer or moved the tractor-trailer onto the shoulder of the highway or past the first accident scene. The court finds that the affiants’ opinions invade the province of the jury on the issues of negligence and causation and should be stricken as inadmissible. See Conde v. Velsicol Chemical Corp., 804 F.Supp. 972, 992 (S.D. Ohio 1992) (“Affidavits may properly be considered only if the material in the affidavit would be admissible at trial”), ajfd, 24 F.3d 809 (6th Cir.1994). Therefore, the motion to strike should be granted in part.

Heartland concedes that certain factual portions of the affidavits create an issue of material fact with respect to the timing of Parsons’ arrival at the scene and the second accident and therefore, summary judgment would be inappropriate as to Parsons’ alleged negligent failure to place warning devices at the rear of the tractor-trailer.

On a motion for summary judgment, the movant has the initial burden of showing the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265, 275 (1986) (“the burden on the moving party may be discharged by ‘showing’ ... that there is an absence of evidence to support the nonmoving party’s case”). Under Rule 56(e) of the Federal Rules of Civil Procedure, the burden shifts to the nonmovant to “go beyond the pleadings and by ... affidavits, or by the ‘depositions, answers to interrogatories, and admissions on file,’ designate ‘specific facts showing that there is a genuine issue for trial.’ ” Celotex Corp., 477 U.S. at 324, 106 S.Ct. at 2553, 91 L.Ed.2d at 274. Celotex Corp., 477 U.S. at 324, 106 S.Ct. at 2553, 91 L.Ed.2d at 274, 275. That burden is not discharged by “mere allegations or denials.” Rule 56(e). All legitimate factual inferences must be made in favor of the nonmovant. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 2513-14, 91 L.Ed.2d 202, 216 (1986). Rule 56(e) mandates the entry of summary judgment “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp., 477 U.S. at 322, 106 S.Ct. at 2552, 91 L.Ed.2d at 273. Before finding that no genuine issue for trial exists, the court must first be satisfied that no reasonable trier of fact could find for the nonmovant. Matsushita Elec. Indus, v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538, 552 (1986).

Upon due consideration, the court finds that there are genuine issues of material fact regarding the remaining allegations of negligence, including but not limited to whether Parsons reasonably could have parked the tractor-trailer on the shoulder of the highway without obstructing the traffic lane or proceeded through the intersection and whether Parsons had sufficient time to [916]*916assess his parking options. Therefore, Heartland is not entitled to summary judgment.

III. Continental’s Motion for Summary Judgment

Continental moves for summary judgment on the grounds that, as a matter of law, any negligence on the part of Lane in causing the first accident did not proximately cause or contribute to the second accident.

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Cite This Page — Counsel Stack

Bluebook (online)
887 F. Supp. 913, 1995 U.S. Dist. LEXIS 8755, 1995 WL 374979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-v-continental-baking-co-msnd-1995.