Garlington v. Jones et al
ORDER granting in part and denying in part 19 Motion to Dismiss for Failure to State a Claim. Signed on 9/9/2021 by District Judge Roseann Ketchmark. (Skelton, Sara)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
DEODIS JONES, JR., ET AL.
Case No. 6:21-cv-03135-RK
Before the Court is Defendant ASF Intermodal, LLC’s (“ASF”) motion to dismiss Count
II of Plaintiff’s Petition. (Doc. 19.) The motion is fully briefed (Docs. 20, 22, 23) and ready for
decision. For the reasons set forth below, the motion is GRANTED in part and DENIED in
ASF’s reply in support of its motion provides this helpful summary of the parties’ briefing
on this matter:
Plaintiff admits and acknowledges that since Defendant has admitted respondeat
superior liability, all claims of direct liability are now moot under Missouri law.
See Document No. 22 (Plaintiff’s Suggestions in Opposition). However, Plaintiff
argues that Count II should not be dismissed as it also alleges respondeat superior
liability against Defendant ASF. Defendant acknowledges that Count II contains
numerous claims against ASF including vicarious liability, negligent hiring, and
negligent training. Given that Plaintiff has conceded that all of their claims aside
from vicarious liability are moot, Defendant is agreeable to all allegations of direct
liability being struck from the pleading in lieu of wholly dismissing the Count. For
this reason, Defendant requests that Paragraph 2 of Count II of Plaintiff’s Petition
be dismissed as this paragraph alleges negligent training and supervision which
Plaintiff has agreed are moot and Plaintiff is barred from proceeding under these
(Doc. 23, p. 1.)
Case 6:21-cv-03135-RK Document 25 Filed 09/09/21 Page 1 of 3
Accordingly, after careful consideration and considering the parties’ positions reflected
above, the Court ORDERS:
(1) Paragraph 2 of Count II of Plaintiff’s Petition is STRICKEN.
(2) Defendant ASF’s motion to dismiss is DENIED in all other respects.
IT IS SO ORDERED.
/s/ Roseann A. Ketchmark
ROSEANN A. KETCHMARK, JUDGE
UNITED STATES DISTRICT COURT
DATED: September 9, 2021
Case 6:21-cv-03135-RK Document 25 Filed 09/09/21 Page 2 of 3
Case 6:21-cv-03135-RK Document 25 Filed 09/09/21 Page 3 of 3
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?