Smith v. Crete Carrier Corporation et al

Filing 26

ORDER granting 22 Motion for Judgment on the pleadings. The claims against Crete are dismissed with prejudice. By 11/15/2016 the parties' motion for a protective order final version should be sent to chambers for signature and entry, or the parties should file a joint notice advising the Court that no such order is needed. Signed by Judge D. P. Marshall Jr. on 11/8/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JIMMY G. SMITH

v.

PLAINTIFF

No. 5:16-cv-002-DPM

CRETE CARRIER CORPORATION and
CURTIS PEAVY, Individually

DEFENDANTS

ORDER
1. Crete's motion for judgment on the pleadings, Ng 22, is granted.

Smith's claims - as pleaded- are too thin to avoid the bar imposed by Elrod

v. G & R Construction Company, 275 Ark. 151, 628 S.W.2d 17 (1982) and Kyser
v. Porter, 261Ark.351, 548 S.W.2d 128 (1977). The "policies and procedures"
exception recognized in McLane v. Rich Transport, Inc., No. 2:11-cv-101-KGB
(E.D. Ark. 9 August 2012) and Regions Bank v. White, No. 4:06-cv-1475-JLH
(E.D. Ark. 24 September 2009) might salvage an independent claim against the
trucking company- if Smith had pleaded any particulars about Crete policies
and this accident. He hasn't. The deadline to request pleading amendments
has passed. The Court would be flexible on that point if discovery had turned
up an applicable policy.

But Smith has not given any specifics in his

responding papers about policies or procedures in play that have been
revealed in discovery, which has been going on for a while. All material

things considered, the direct claims against Crete are ready for decision. And
they are dismissed with prejudice.
2. A side note. Back in July the Court granted as modified the parties'
motion for a protective order. By 15 November 2016, please send the final
version to chambers for signature and entry, or file a joint notice advising the
Court that no such order is needed.
So Ordered.
D .P. Marshall Jf.
United States District Judge

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