Wheat v. Strickland et al

Filing 133

ORDER denying (109) Motion for Summary Judgment in case 3:13-cv-00087-SA-DAS; denying (99) Motion for Summary Judgment in case 3:13-cv-00088-SA-DAS. Signed by District Judge Sharion Aycock on 3/6/2015. Associated Cases: 3:13-cv-00087-SA-DAS, 3:13-cv-00088-SA-DAS (bkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
FRANCES Z. WHEAT, AS PERSONAL
REPRESENTATIVE AND FOR/ON BEHALF
OF THE ESTATE AND WRONGFUL DEATH
BENEFICIARIES OF SARAH KATHERINE
WHEAT, DECEASED
V.

PLAINTIFF

CIVIL ACTION NO.: 3:13-CV-00087-SA-DAS
LEAD CASE

JOHN HOWARD STRICKLAND, JR.,
JOHN HOWARD STRICKLAND and
JENNIFER STRICKLAND

DEFENDANTS

CONSOLIDATED WITH
FRANCES Z. WHEAT, AS PERSONAL
REPRESENTATIVE AND FOR/ON BEHALF
OF THE ESTATE AND WRONGFUL DEATH
BENEFICIARIES OF JOHN WILLIAM
WHEAT, DECEASED
V.

PLAINTIFF

CIVIL ACTION NO.: 3:13-CV-00088-SA-DAS

JOHN HOWARD STRICKLAND, JR.,
JOHN HOWARD STRICKLAND and
JENNIFER STRICKLAND

DEFENDANTS
ORDER

Pursuant to a memorandum opinion issued this day, the Court finds that a genuine issue of
material fact exists with regard to Plaintiff’s claim of negligent entrustment and whether Defendants
John Howard Strickland and Jennifer Strickland knew or should have known that John Howard
Strickland, Jr. would use their vehicle in a manner involving an unreasonable risk of harm.
Accordingly, the Court finds that the Stricklands’ Motions for Summary Judgment [109, 99] are not
well taken and are DENIED.
SO ORDERED on this, the 6th day of March, 2015.
_/s/ Sharion Aycock________________
UNITED STATES DISTRICT JUDGE