Hardy v. Osinowo et al

Filing 214

ORDER denying 53 Defendants' Motion for Partial Summary Judgment. Phase One of the trial will be related to Plaintiff's damages only. In Phase Two of the trial, the Court will allow the Plaintiff to present evidence to the jury to support his claim for punitive damges. Signed by Judge James M. Moody on 10/20/2011. (jct)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
DEMETRIUS HARDY
VS.

PLAINTIFF
3:10CV00204JMM

OLUSEYI T. OSINOWO; ARMSTRONG
TRANSFER AND STORAGE, INC./
ARMSTRONG RELOCATION COMPANY,
AND UNITED VAN LINES, LLC

DEFENDANT

ORDER
Pending is Defendants’ motion for partial summary judgment as to Plaintiff’s claims for
compensatory and punitive damages predicated upon theories of negligent hiring, training and
supervision and any other claim predicated on any alleged independent act of negligence of
Defendant Armstrong Transfer and Storage, Inc./ Armstrong Relocation Company and United
Van Lines, LLC. (Docket # 53). Plaintiff has filed a response, Defendants have filed a reply and
Plaintiff has filed a supplemental response. For good cause shown, Defendants’ motion is
DENIED.
By order entered October 4, 2011, the Court denied Defendants’ motion for summary
judgment on the issue of punitive damages and ordered that the trial would be bifurcated.
Defendants United and Armstrong admitted in their Answer to Plaintiff’s Amended Complaint
that Osinowo was their agent and statutory employee and that they are vicariously liable for any
negligence of Osinowo. Since the entry of the Court’s bifurcation Order, Defendants United and
Armstrong have admitted liability for compensatory damages. In light of this admission, Phase
One of the trial will be related to Plaintiff’s damages only. No evidence relative to the
Defendants’ alleged negligence, independent or imputed, will be relevant to the determination of
compensatory damages. Plaintiff will be permitted to introduce evidence relating to the accident

itself only as related to the causation of damages. Accordingly, Defendants’ motion for partial
summary judgment with respect to compensatory damages for negligent hiring, training and
supervision is denied as moot in light of the admission of liability.
In Phase Two of the trial, the court will allow the Plaintiff to present evidence to the jury
to support his claim for punitive damages based upon the Defendants’ independent negligence in
hiring, training and supervising Osinowo. Accordingly, Defendants’ motion for partial summary
judgment is DENIED.
IT IS SO ORDERED this 20th day of October, 2011.

______________________________
James M. Moody
United States District Judge

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