McKinney v. Kenan Advantage Group, Inc.

Filing 34

MEMORANDUM OPINION AND ORDER that the 26 Motion for Partial Summary Judgment is GRANTED as further set out in the opinion and order and judgment is entered in favor of Kenan Transport, LLC and against Naomi McKinney on the claims for wantonness; negligent/wanton hiring, training, and supervision; and negligent/wanton entrustment. The case will proceed on the Plaintiff's negligence claim. Signed by Honorable Judge W. Harold Albritton, III on 1/20/2015. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

NAOMI MCKINNEY,
Plaintiff,
v.
KENAN TRANSPORT, LLC.,

Defendant.

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Civil Action No. 2:14CV2-WHA
(wo)

MEMORANDUM OPINION AND ORDER
This case is before the court on a Motion for Partial Summary Judgment (Doc. #26), filed
by the Defendant on December 19, 2014.
The Plaintiff filed a Complaint in this case on January 2, 2014. The Plaintiff brings claims
of negligence (Count I), wantonness (Count II), negligent and wanton entrustment (Count III),
negligent hiring, training, and supervision (Count IV).
The Defendant, Kenan Transport, LLC (“Kenan”), has moved for summary judgment on
the wanton operation claim; negligent/wanton hiring, training, and supervision claims; and
negligent/wanton entrustment claims. Kenan argues that there is no evidence in this case that
Kenan’s driver was incompetent. Kenan further contends that even if there were sufficient
evidence of an incompetent driver, the Plaintiff, Naomi McKinney (“McKinney”) cannot show
that Kenan knew, or should have known, of the incompetency.
In response to Kenan’s motion, McKinney has stated through her attorney that she
stipulates to the dismissal of her claims for wantonness; negligent/wanton hiring, training, and
supervision; and negligent/wanton entrustment. McKinney states that the only claim remaining is

for negligence.
Having reviewed the submissions of the parties, the court finds that the motion is supported
by evidentiary materials and there is no question of fact precluding summary judgment as to the
wantonness; negligent/wanton hiring, training, and supervision; and negligent/wanton entrustment
claims. See U.S. v. One Piece of Real Property Located at 5800 SW 74th Ave., Miami, Fla., 363
F.3d 1099, 1101 (11th Cir. 2004). Accordingly, it is hereby
ORDERED that the Motion for Partial Summary Judgment (Doc. #26) is GRANTED and
judgment is entered in favor of Kenan Transport, LLC and against Naomi McKinney on the claims
for wantonness; negligent/wanton hiring, training, and supervision; and negligent/wanton
entrustment.
The case will proceed on the Plaintiff’s negligence claim.

Done this 20th day of January, 2015.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE

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