Smith et al v. Henkels & McCoy, Inc. et al

Filing 89

ORDER granting 67 Motion for Partial Summary Judgment Signed by District Judge Henry T. Wingate on 6/7/2021 (ab)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
GINGER ROGERS SMITH and
PERRIN NELSON SMITH, JR.
vs.

PLAINTIFFS
CIVIL ACTION No.: 3:20-CV-161-HTW-LGI

HENKELS & McCOY, INC. and
CLINT DORMAN

DEFENDANTS

ORDER GRANTING PARTIAL SUMMARY JUDGMENT
BEFORE THIS COURT is the defendants’ Motion for Partial Summary Judgment [Docket
no. 67]. By their motion, defendants ask this court to dismiss the following claims of plaintiffs’
complaint: for negligent hiring, retention, training, and/or supervision; and for punitive damages.
Plaintiffs have conceded both arguments of defendants and ask that this court enter an order
dismissing those claims as well. Plaintiffs, however, ask this court not to preclude them from
introducing evidence which would serve a dual purpose of proving both negligent hiring or
retention, and Defendant Clint Dorman’s own negligence.
This court finds defendants’ Motion for Partial Summary Judgment [Docket no. 67] welltaken and must be granted. This court, however, will reserve its ruling on any evidentiary issues
related to the motion for trial or for an appropriate motion in limine, if any, that has been filed by
one of the parties.
IT IS, THEREFORE, ORDERED that defendants’ Motion for Partial Summary
Judgment [Docket no. 67] is hereby GRANTED.
SO ORDERED this the 7th day of June, 2021.
s/ HENRY T. WINGATE
UNITED STATES DISTRICT COURT JUDGE

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