Herron et al v. APAC of Tennessee Inc et al

Filing 272

ORDER denying 246 , 194 , 209 , and 189 Motions. Granting 230 , 202 , 190 , 195 , and 205 Motions. Partly granting and partly denying 213 , 167 , 196 , 168 , and 191 Motions. Notices on third-party claims, cross claims, and trial participation by Mr. McGuire's estate and other non-lead party due by 1/22/2019. Signed by Judge D. P. Marshall Jr. on 1/17/2019. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

KENNY HERRON and MARY LOU
HERRON, as Guardians of the Person and
Estate of Cadence N evaeh McGuire, a minor;
MARY LOU HERRON, Administratrix of the
Estates of Jessica M. McGuire and Brinley M.
McGuire, a minor, and for their Wrongful
Deaths; and CHARLES JEFF GARDNER,
Administrator of the Estate of Nicholas
McGuire and for his Wrongful Death

v.

PLAINTIFFS

No. 3:16-cv-127-DPM

APAC OF TENNESSEE, INC.; SUPERIOR
TRAFFIC CONTROL-MEMPHIS, INC.;
J E PHILLIPS & SONS, INC.; BEST TRUCK
& TRAILER, INC.; RICHARD CARL
ADAMS; and WABASH NATIONAL
CORPORATION d/b/a Wabash
National Trailer Centers, Inc.

DEFENDANTS

ORDER

1. For the reasons stated on the record at the 15 January 2019
hearing, the Court made the following rulings on pending motions.

ON THE CONSTRUCTION PROJECT

• Plaintiffs' motion to strike Superior Traffic's motion to exclude
Rhoades, NQ 246, is denied.
• Superior Traffic's motion to exclude Rhoades' s trafficengineering opinions, NQ 230, is granted.
• Superior Traffic's motion for summary judgment, NQ 202, is
granted.
• APAC's motion for summary judgment, NQ 213, is granted.
ON THE TRAILER

• Wabash and Best's motions Qoined by Phillips and Adams) to
exclude Rhoades's and Ponder's opinions, NQ 167 & 196, are
denied as to Ponder and partly granted and partly denied as to
Rhoades.
• Wabash's motion for summary judgment, NQ 168, 1s partly
granted and partly denied.
• Best's motion for summary judgment, NQ 191, is partly granted
and partly denied.
• Phillips and Adams' s motion for partial summary judgment on
rear-impact-guard-related allegations, NQ 194, is denied.
OTHER

• Wabash, Phillips, and Best's motions for partial summary
judgment on punitive damages, NQ 190, 195, & 205, are granted.
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• Superior Traffic and APAC' s motions for partial summary
judgment on punitive damages, NQ 209 & 213 (part), are denied
without prejudice as moot.
• Defendants' motion to bifurcate the liability and damages
phases of the trial, NQ 189, is denied.
2. Notices on third-party claims, cross claims, and trial
participation by Mr. McGuire's estate and any other non-lead party due
by 22 January 2019.
So Ordered.
D.P. Marshall Jr.
United States District Judge

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