Hale v. Empire Express Inc et al

Filing 123

ORDER granting 80 Motion and dismissing with prejudice Express Transportation, Inc. Granting 83 Motion and dismissing with prejudice the claim for punitive damages against all defendants. Mostly granting and partly denying 77 Motion. The case goes forward (against Winchester's estate and Empire Express by imputation) on Winchester's alleged negligence in various particulars related to the accident itself, in her failure to disclose the insulin-required diagnosis, and on fatigue . The case also goes forward against Empire Express on a direct negligence claim with two supervision-related components: fatigue and excess hours on duty. All other allegations of negligence against either Winchester's estate or Empire Express are dismissed with prejudice. The Court amends the 90 Final Scheduling Order. Motions in limine due by 2/28/2018; responses due by 3/28/2018; and replies due by 4/13/2018. Hearing on motions in limine set for 6/19/2018 at 10:30 a.m. in Little Rock Courtroom B-155, Richard Sheppard Arnold United States Courthouse. Signed by Judge D. P. Marshall Jr. on 10/26/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
SHERRAN K. HALE, Individually and
as Administrator and Personal Representative
of the Estate of Robert W. Hale, deceased

v.

PLAINTIFF

No. 3:16-cv-120-DPM

EMPIRE EXPRESS, INC.; EMPIRE
TRANSPORTATION, INC.; and J. ANTHONY
BRADLEY, Administrator and Personal
Representative of the Estate of
Iketha D. Winchester, deceased

DEFENDANTS

ORDER
1.

For the reasons stated on the record at the end of the 24

October 2017 hearing, the Court made the following rulings on the
pending motions.
• NQ 80 is granted. Express Transportation, Inc., is dismissed

with prejudice.
• NQ 83 is granted. The claim for punitive damages against all

defendants is dismissed with prejudice.
• NQ 77 is mostly granted and partly denied. As agreed, the

case goes forward (against Winchester's estate and Empire
Express by imputation) on Winchester's alleged negligence
in various particulars related to the accident itself, in her
failure to disclose the insulin-required diagnosis, and on

fatigue. Assuming the proof comes in as expected, the Court
will instruct on the agreed list of Arkansas statutes and
federal regulations, plus 49 C.F.R. § 390.11 (on dual duties)
and 49 C.F.R. § 395.3 (on duty hours). The case also goes
forward against Empire Express on a direct negligence claim
with two supervision-related components:

fatigue and

excess hours on duty. All other allegations of negligence
against either Winchester's estate or Empire Express are
dismissed with prejudice.
2.

The Court amends the Final Scheduling Order, NQ 90.

Motions in limine due by 28 February 2018; responses due by 28 March
2018; and replies due by 13 April 2018. Papers to conform to the page
limits and form described at the October 24th hearing.

One

clarification: in the global limine paper, please list your points by letter
or number so everyone can keep track.
3.

The hearing on motions in limine is set for 19 June 2018 at

10:30 a.m. in Little Rock in Courtroom B-155, Richard Sheppard Arnold
United States Courthouse. Note the different location.
So Ordered.
~

D .P. Marshall Jr.
United States District Judge

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