Taylor et al v. Cottrell, Inc. et al
Filing
465
OPINION MEMORANDUM AND ORDER re: 426 MOTION to Clarify Choice of Law Decision filed by Defendant Cottrell, Inc. - The parties are ordered to submit on or before October 13, 2015, briefs to the Court addressing the choice of laws issues as they relate to the two alleged injuries (Response to Court due by 10/13/2015.) Signed by District Judge Henry Edward Autrey on 9/30/15. (KJS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TIMMY A. TAYLOR AND DEBORAH TAYLOR,
Plaintiffs,
vs.
COTTRELL, INC. and AUTO HANDLING CORP.,
Defendants.
)
)
)
)
)
)
)
)
)
Case No. 4:09CV536 HEA
OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Defendant Cottrell, Inc.=s Motion Regarding
Choice of Law Decision, [Doc. No. 426]. Plaintiffs oppose the motion.
Plaintiffs brought this action for two alleged injuries. The Court dismissed
Plaintiff Timmy’s neck and back injury claim based on the Court’s finding that
Plaintiffs lacked sufficient evidence to create a triable case, since the Court excluded
Plaintiffs’ expert. Subsequently, the United States Court of Appeals for the Eighth
Circuit reversed this Court’s Order granting summary judgment on Plaintiff Timmy’s
neck and back injury. As such, this injury is presently in the case.
One alleged injury occurred in Indiana; one injury occurred in Illinois.
Defendant originally argued that Indiana law should apply because it is the state
where the only remaining injury occurred. Since the Eighth Circuit has rendered its
opinion that the Court’s dismissal was erroneous, there are now two states where the
injuries occurred.
Accordingly,
The parties are ordered to submit on or before October 13, 2015, briefs to the
Court addressing the choice of laws issues as they relate to the two alleged injuries
Dated this 30th day of September, 2015.
_______________________________
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?