Holmes v. Krug

242 F. Supp. 3d 1177, 2017 WL 1001181, 2017 U.S. Dist. LEXIS 37638
District Court, D. Kansas·Decided March 15, 2017·No. Case No. 16-1080-EFM-KGG·Published·Cited by 1 cases

Opinion

MEMORANDUM AND ORDER

ERIC F. MELGREN, UNITED STATES DISTRICT JUDGE

In December 2014, Elijah Holmes was killed in an automobile accident. He was 18 years old. Elijah’s mother, Plaintiff Kristine Holmes, seeks to recover against the driver of that automobile — Defendant Keller Krug — for the wrongful death of her son. Before the Court is Krug’s motion for partial summary judgment (Doc. 14). Krug seeks judgment limiting Kristine’s potential recovery of pecuniary damages to medical and funeral expenses only. Because the evidence viewed in the light most favorable to Kristine supports an award of pecuniary damages, the Court denies Krug’s motion.1

I. Factual and Procedural Background2

Kristine Holmes had two sons. Brad was the oldest, and Elijah was a year younger. When Brad and Elijah were in middle school, Kristine and their father divorced. From that point on, just Kristine, Brad, and Elijah lived at their home in Natoma, Kansas.'

During high school, the boys helped Kristine cook, clean the house, and .take care of the animals, although Brad and Kristine both noted that despite his attempts to help, Elijah was not much of a cook and sometimes would break dishes. When Elijah was living with his mom, he would vacuum three or four times a week and did the dishes every day. But- Kristine’s dad — Elijah’s grandfather — did most of the outdoor maintenance, such as mowing the yard. Elijah would also' help his grandparents if they needed something moved or rearranged around their house.

When he was a freshman in high school, Elijah began suffering seizures, and so he never got his driver’s license. Nonetheless, he would run errands to the local post office or quick shop for his mom. Elijah worked at a grain elevator during two summers in high school, working as few as 10 hours some weeks to as many as 40 hours a week during harvest.

Upon graduating from high school in 2014, Elijah received a scholarship to play football at Bethel College. But despite the partial scholarship, Bethel’s tuition proved too expensive for Kristine. So in the fall of 2014, Elijah moved back in with Kristine for three days. Elijah then moved to Hays, where he lived with his cousin.

While he was living- in Hays, Elijah would make the 45 minute trip home to Natoma almost every weekend. Because Elijah did not have a driver’s license, Kristin¿ usually piéked him up on Friday and dropped him back off in Hays on Sunday. About once a week, Kristine and Elijah would go out to eat or see a movie togeth[1180] er. Brad considered his little brother a “mama’s boy,” and noted that Elijah and Kristine were always there for each other. Specifically, Elijah was very supportive of Kristine when she went through her divorce and when her brother passed away.

Elijah planned on attending Fort Hays State University at the beginning' of the spring semester in 2015. Elijah wanted to study communications — he hoped for a career involving music, sound, and computers. According to Brad, his dream job would have been a stage technician, and he would have moved to somewhere like Los Angeles if. he had the chance. Until the spring semester began, Elijah worked full time for Cross Manufacturing in Hays. But Brad, who worked in the oil field, was trying to help Elijah get a job with him. Elijah used his paychecks to pay his bills. Kristine noted that Elijah was learning how to budget, although she admitted that like many teenagers, he tended to go through his money as fast as he made it. Kristine also helped her son out by buying him groceries and giving him- some cash from time to time. Elijah did not have a credit card or debt of any kind.

On December 26, 2014, Elijah was a passenger in a vehicle driven by Keller Krug. The vehicle collided with a tractor trailer and Elijah was killed. He was 18 years old. Kristine claims that she never would have asked her sons to financially support her, but she had expected Elijah to be with her, in some way, for the rest of her life. She believes that Elijah would have been there for her as she got older because “Elijah was a kind soul” and “would have been there to help his mom.” Elijah had told Kristine that he would always be there for her and that he loved her.

Kristine, as Elijah’s heir, brings this wrongful death action against Krug. She is seeking both pecuniary and non-pecuniary damages. Krug now moves for partial summary judgment, asking the Court to limit Kristine’s potential pecuniary damages to medical and funeral expenses only.

II. Legal Standard

Summary judgment is appropriate if the moving party demonstrates that there is no genuine issue as to any material fact, and the movant is entitled to judgment as a matter of law.3 A fact is “material” when it is essential to the claim, and issues of fact are “genuine” if the proffered evidenced permits a reasonable jury to decide the issue in either party’s favor.4 The moving party bears the initial burden of proof, and must show the lack of evidence on an essential element of the claim.5 If the moving party carries this initial burden, the non-moving party that bears the burden of persuasion at trial may not simply rest on its pleading but must instead “set forth specific facts” from which a rational trier of fact could find for the non-moving party.6 These facts must be clearly identified through affidavits, deposition transcripts, or incorporated exhibits — conclusory allegations alone cannot survive a motion for summary judgment.7 To survive summary judgment, the non-moving party’s evidence must be admissible.8 The Court views all [1181] evidence and reasonable inferences in the light most favorable to the party opposing summary judgment.9

III. Analysis

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Holmes v. Krug, 242 F. Supp. 3d 1177, 2017 WL 1001181, 2017 U.S. Dist. LEXIS 37638 (D. Kan. 2017).

242 F. Supp. 3d 1177 (Holmes v. Krug) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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