Looman v. State of Montana et al

Filing 107

ORDER finding as moot 68 Motion for Summary Judgment; granting 71 Motion for Summary Judgment; finding as moot 76 Motion for Partial Summary Judgment; adopting Findings and Recommendations re 97 Findings and Recommendations. Signed by Judge Donald W. Molloy on 2/13/2013. (dle)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

RONALD GARY LOOMAN

)
)
Plaintiff,
)
v.
)
)
STATE OF MONTANA;
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MONTANA DEPARTMENT
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OF CORRECTIONS; TROY
)
McQUEARY, individually;
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INTERNATIONAL UNION OF
)
OPERATING ENGINEERS
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NATIONAL TRAINING FUND;
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DAVE LIEDLE, individually; and
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DOES 3–100,
)
)
Defendants.
)
______________________________ )

CV 11-143-M-DWM-JCL

ORDER

Ronald Looman is a prisoner incarcerated at the Montana State Prison in
Deer Lodge, Montana. He brought several claims against the defendants after he
was injured while working on a truck in the prison’s Equipment Maintenance
Shop. The Court previously dismissed many of the claims, and Looman settled his
claims against the State defendants. The only remaining claim, then, is the
negligence claim against International Union of Operating Engineers National
Training Fund.

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Judge Lynch issued Findings and Recommendations, recommending that
International Union be dismissed. A final pretrial conference is scheduled for
February 15, 2013, so the Court ordered Looman to file any objections to the
Findings and Recommendation early, by February 12, 2012. Looman, however,
did not file any objections. The Court therefore reviews Judge Lynch’s Findings
and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore
Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
The Court finds no clear error in Judge Lynch’s Findings and
Recommendation. Looman has not shown that Dave Liedle—International
Union’s employee—knew of any danger associated with working on the air brake
canister. Nor has Looman shown that a reasonably prudent person in Liedle’s
position should have been aware of any danger. Judge Lynch did not clearly err
when he concluded that International Union is entitled to summary judgment on
Looman’s negligence claim against it, which is premised on Liedle’s conduct.
Moreover, Looman has not presented any evidence that International Union
negligently maintained the truck. Judge Lynch did not clearly err in granting
summary judgment in favor of International Union on this aspect of the negligence
claim.
Judge Lynch provided a detailed explanation of why neither Liedle nor
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International Union are liable for Looman’s injuries. The Court adopts that
reasoning in full. The Court need not address the remainder of Judge Lynch’s
Findings and Recommendation, since it is moot in light of Looman’s settlement
with the State defendants.
IT IS FURTHER ORDERED that International Union’s motion for
summary judgment (doc. 71) is GRANTED. Looman’s claims against
International Union are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the State defendants’ motion for summary
judgment (doc. 68) and Looman’s motion for summary judgment (doc. 76) are
DISMISSED AS MOOT.
IT IS FURTHER ORDERED that the final pretrial conference and jury trial
for this matter are VACATED. The Clerk of Court is directed to enter judgment
and close this case.
Dated this 13th day of February 2013.

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