Boyd Racing L L C vs. W G Yates & Sons Construction Co

Filing 34

MEMORANDUM RULING re 20 MOTION for Summary Judgment filed by Dehumidification Technologies L P, and 22 MOTION for Summary Judgment filed by B M S Catastrophe Inc, W G Yates & Sons Construction Co are hereby GRANTED; IT IS FURTHER ORDERED that the plaintiffs' negligence claim is hereby DISMISSED with prejudice, at the plaintiff's and intrevnor's cost. Since Delta Downs' additional Breach of Contract claim is premised on allegations that the defendant, Yates, did not provide a safe jobsite, that claim must also be DISMISSED with prejudice, as the complained of condition was not unreasonably dangerous, as a matter of law. Signed by Judge Patricia Minaldi on 3/23/11. (crt,Finn, P)

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