Ford v. Pike Electric, LLC
OPINION AND ORDER: it is ORDERED that dft Pike Electric, LLC's 23 motion for summary judgment is denied. Signed by Honorable Judge Myron H. Thompson on 3/31/2021. (bes, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ALICIA McDANIEL FORD,
PIKE ELECTRIC, LLC,
CIVIL ACTION NO.
OPINION AND ORDER
motorcycle crash suffered by plaintiff Alicia Ford at
an intersection where defendant Pike Electric, LLC, was
conducting repair work on a utility pole.
that the company’s employees negligently or wantonly
left gravel in the road, leading to her crash.
jurisdiction pursuant to 28 U.S.C. § 1332 (diversity).
Electric’s motion for summary judgment.
“A party may
move for summary judgment, identifying each claim or
defense--or the part of each claim or defense--on which
summary judgment if the movant shows that there is no
genuine dispute as to any material fact and the movant
is entitled to judgment as a matter of law.”
Civ. P. 56(a).
To determine whether a genuine factual
dispute exists, the court must view the evidence in the
light most favorable to the non-moving party and draw
all reasonable inferences in favor of that party.
Matsushita Elec. Indus. Co. Ltd. v. Zenith Radio Corp.,
appropriate “[w]here the record taken as a whole could
The crux of the dispute in this case is factual.
Pike Electric argues that it did not leave gravel in
the road, and it supplies deposition testimony of an
employee and other witnesses to support its position.
See, e.g., Motion for Summary Judgment (Doc. 23) at 4,
Ford counters that Pike Electric did leave gravel
in the road, and she supplies witness affidavits and
deposition testimony supporting her allegation.
e.g., Response to Motion for Summary Judgment (Doc. 25)
intersection, and they dispute which of the photographs
accurately depict the exact location of the accident.
Response to Motion for Summary Judgment (Doc. 25) at
In other words, there exists a genuine dispute as
to an issue of material fact.
Indeed, it appears the
central dispute in this case is one of material fact:
whether Pike Electric left gravel in the road at the
position in its motion for summary judgment amounts to
an argument that the court should set aside or not
credit Ford’s evidence on that issue.
But a reasonable
trier of fact evaluating the totality of the evidence
will be denied.
* * *
Electric, LLC’s motion for summary judgment (Doc. 23)
DONE, this the 31st day of March, 2021.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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