Wyatt v. Roach Manufacturing Corporation

Filing 20

ORDER denying without prejudice 12 Motion for Summary Judgment.. Signed by Judge D. P. Marshall Jr. on 9/28/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
TOMMIE KAY WYATT,
Individually, and as Personal
Representative of the Estate of
Shawn Edward Wyatt, Deceased

v.

PLAINTIFF

3:16-cv-329-DPM

ROACH MANUFACTURING
CORPORATION

DEFENDANT
ORDER

Roach Manufacturing' s motion for summary judgment, NQ 12, is
denied without prejudice. The label makes it likely that the assembly
line was made by Roach Manufacturing in Arkansas, but this key fact
isn't undisputed. There could, for example, be component-parts issues.
Arkansas law requires a rather delicate balancing of the circumstances
in choosing the applicable law for this tort case. Schubert v. Target Stores,
Inc., 360 Ark. 404, 410-12, 201 S.W.3d 917, 922-23 (2005); Miller v.
Pilgrim's Pride Corp., 366 F.3d 672, 674 (8th Cir. 2004).

The

manufacturing details - as well as the details about components, sale,
distribution, and how this machine came to be at Black & Decker's
Tennessee facility-need to be pinned down for the Court to get the
balance as right as it can. Roach Manufacturing is correct that Wyatt
hasn't followed the letter of Rule of Civil Procedure 56( d) about the

need for more discovery. That need, though, is obvious to the Court
from the record. When the motion is renewed, the parties don't have
to repeat the arguments made. The Court will consider all the original
briefing- plus short and focused supplemental papers.
So Ordered.
D.P. Marshall Jf
United States District Judge