Young v. Waste Connections of Tennessee, Inc.

963 F. Supp. 2d 809, 2013 WL 3974175, 2013 U.S. Dist. LEXIS 106970
District Court, W.D. Tennessee·Decided July 31, 2013·No. No. 12-2042·Published

Opinion

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR PARTIAL SUMMARY JUDGMENT

SAMUEL H. MAYS, JR., District Judge.

Before the Court is Defendants Waste Connections of Tennessee, Inc. (“Waste [811] Connections”) and Victor Moore’s (“Moore”) (collectively, “Defendants”) February 11, 2013 Motion for Partial Summary Judgment. (Motion, ECF No. 70); (see also Defs.’ Mem. in Supp. of Motion for Partial Summary J., ECF No. 70-1) (“Defs.’ Mem.”) Plaintiffs Cylesier Young (“Cylesier Young”) and Bo Young (“Bo Young”) (collectively, “Plaintiffs”), individually and as Co-Administrators of the Estate of Mariah Young (“Mariah Young”) responded on March 11, 2013. (Pls.’ Mem. in Opp. to Defs.’ Motion, ECF No. 87-2) (“Pis.’ Mem.”) Defendants replied on March 22, 2013. (Defs.’ Rep., ECF No. 91.) Plaintiffs bring a wrongful death suit based on Defendants’ alleged negligence. Defendants seek summary judgment on Plaintiffs’ claims that: (1) Moore operated a vehicle at an excessive rate of speed in a school zone; (2) Waste Connections is vicariously hable for hiring, training, and supervising Moore; and (3) Defendants are liable for punitive damages. For the following reasons, Defendants’ Motion is GRANTED IN PART and DENIED IN PART.

I. Background1

On the morning of May 24, 2011, Mariah Young was killed in an automobile accident (the “Accident”) at the intersection of Star Landing Road and Wilson Mill Road in DeSoto County, Mississippi. (Compl. ¶ 1); (Defs.’ Statement of Material Facts ¶ 1, ECF No. 70-2) (“Defs.’ Statement.”) The Accident occurred in an area that was marked as a school zone with a posted speed limit of 20 miles per hour (“mph”).2 (Compl. ¶ 10); (Defs.’ Resp. to Pis.’ Statement of Material Facts ¶ 1) (“Defendants admit that signs near the intersection indicate a 20 mph speed limit but deny that the speed limit was adopted by the DeSoto County Board of Supervisors.”); (see also Pis.’ Statement of Material Facts ¶ 1, ECF No. 87-4.) Two flashing yellow lights indicated school zone boundaries. (Compl. ¶ 10.) There was no stop sign or stop light for traffic on Star Landing Road. (Defs.’ Statement ¶ 10.) Traffic stopped on Wilson Mill Road had a clear view of approaching traffic, and there were no visual obstructions in any direction. (Id.)

Mariah Young’s 2000 Honda Civic LX was traveling South on Wilson Mill Road when it collided with Moore’s 2007 Mack Truck, which was traveling West on Star Landing Road. (Compl. ¶ 10); (Defs.’ Statement ¶¶ 52-53.) The parties dispute the applicable speed limit, but it is undisputed that Moore was traveling between fifty-one and fifty-five mph. (Defs.’ Statement ¶53.) Plaintiffs allege that Moore was an agent or employee acting within the scope of his employment at the time of the Accident. (Compl. ¶ 12.)

Moore’s vehicle was equipped with a DriveCam system that recorded and saved video of the Accident. (Id. ¶ 10); (Defs.’ Statement ¶ 6.) After Mariah Young pulled into the intersection, Moore swerved but was unable to avoid the collision. (Compl. ¶ 10); (Defs.’ Statement ¶ 54.) Moore’s truck collided with the driver’s side of Mariah Young’s Honda Civic. (Compl. ¶ 10.) Mariah Young suffered life-threatening injuries, from which she died on May 27, 2011. (Id.); (Defs.’ Statement ¶ 56.)

The Chancery Court of DeSoto County, Mississippi, appointed Plaintiffs as Co-Ad[812] ministrators of Mariah Young’s estate (the “Estate”). (Compl. ¶ 6.) Plaintiffs bring suit individually and on behalf of the Estate. (Id.) Plaintiffs seek compensatory and punitive damages.

II. Jurisdiction and Applicable Law

Under 28 U.S.C. § 1332(a), this Court has “original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs” between citizens of different states. 28 U.S.C. § 1332(a)(1). Cylesier Young is a citizen and resident of DeSoto County, Mississippi. (Compl. ¶ 1, ECF No. 1.) Bo Young is a citizen and resident of Dallas, Texas. (Id. ¶ 2.) At the time of the Accident, Mariah Young was a citizen and resident of DeSoto County, Mississippi. (Id. ¶ 3.) Cylesier Young and Bo Young were appointed Co-Administrators of the Estate by the Chancery Court of DeSoto County, Mississippi, and the Estate is being administered in the Chancery Court of DeSoto County. (¶ 6.) Waste Connections is a Delaware Corporation with its principal place of business in Folsom, California. (Id. ¶ 4.) Moore is a citizen and resident of Cordova, Tennessee. (Id. ¶ 5.) The parties are completely diverse, and the amount-in-controversy requirement is satisfied.

In diversity actions, a federal court applies the choice of law provisions of the state in which it sits. Erie R.R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938); Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487, 496, 61 S.Ct. 1020, 85 L.Ed. 1477 (1941); Cole v. Mileti, 133 F.3d 433, 437 (6th Cir.1998) (“It is well-established that federal courts sitting in diversity must apply the choice-of-law rules of the forum state.”).

Plaintiffs’ claims sound in tort. For tort claims, Tennessee follows the “most significant relationship” rule, which provides that “the law of the state where the injury occurred will be applied unless some other state has a more significant relationship to the litigation.” Hicks v. Lewis, 148 S.W.3d 80, 86 (Tenn.Ct.App.2003) (quoting Hataway v. McKinley, 830 S.W.2d 53, 59 (Tenn.1992)).

The injury in this case occurred in Mississippi. Mariah Young was a Mississippi resident. The parties do not dispute the application of Mississippi law. Mississippi substantive law applies.

III. Standard of Review

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Young v. Waste Connections of Tennessee, Inc., 963 F. Supp. 2d 809, 2013 WL 3974175, 2013 U.S. Dist. LEXIS 106970 (W.D. Tenn. 2013).

963 F. Supp. 2d 809 (Young v. Waste Connections of Tennessee, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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