Washington v. Bio-Medical Applications of Alabama, Inc. (JOINT ASSIGN)(MAG2)(MEMBER)
OPINION and ORDER directing as follows: (1) overruling plf's 34 Objections ; (2) adopting 24 Report and Recommendation of the Magistrate Judge; (3) denying 15 Motion to Strike; this case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 5/15/18. (djy, ) Modified on 5/15/2018 to clarify text to reflect as OPINION and ORDER (qc/djy, ).
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JOHN W. WASHINGTON, as
next friend of Mae R.
OF ALABAMA, INC., a
CIVIL ACTION NO.
OPINION AND ORDER
defendant’s employees negligently and wantonly failed
to prevent plaintiff’s mother from falling out of a
affirmative defenses alleging that the Alabama Medical
through 6-5-552, applies to this case.
This lawsuit is
United States Magistrate Judge that plaintiff’s motion
plaintiff’s objections to the recommendation.
record, the court concludes that plaintiff’s objections
As there is no Alabama state
court decision directly on point, the court must make
an educated guess as to what the Alabama courts--and
particularly the Alabama Supreme Court--would decide if
faced with this case.
See Nobs Chem., U.S.A., Inc. v.
Koppers Co., 616 F.2d 212, 214 (5th Cir. 1980) (“Where
no state court has decided the issue a federal court
must ‘make an educated guess as to how that state's
supreme court would rule.’”) (citations omitted).*
court also notes that it is impressed with the limited
factual reach of the holding of the magistrate judge’s
In Bonner v. City of Prichard, 661 F.2d 1206,
1209 (11th Cir. 1981) (en banc), the Eleventh Circuit
Court of Appeals adopted as binding precedent all of
the decisions of the former Fifth Circuit handed down
prior to the close of business on September 30, 1981.
intent of the AMLA as set forth in its preamble, Ala.
Code 1975 § 6-5-540.
Accordingly, it is ORDERED as follows:
Magistrate Judge (doc. no. 24) is adopted.
(3) The motion to strike (doc. no. 15) is denied.
This case is referred back to the magistrate judge
for further proceedings.
DONE, this the 15th day of May, 2018.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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