Patterson v. Mutual of Omaha Insurance Company et al

Filing 84

MEMORANDUM AND ORDER- Defendant Mutual of Omaha is liable to provide coverage to the plaintiff Wesley Patterson under the Catastrophic Injury Insurance Policy. Defendant Mutual of Omaha is ordered to pay those benefits to plaintiff Wesley Patte rson to which he is entitled as a result of his injuries incurred on January 23, 2008. Plaintiffs motion for summary judgment, Filing No. 80 , is granted. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge Joseph F. Bataillon. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WESLEY PATTERSON,
Plaintiff,

8:10CV26

vs.
MEMORANDUM AND ORDER
MUTUAL OF OMAHA INSURANCE
COMPANY, a Nebraska Corporation; and
JOHN DOE, a Corporation;
Defendants.

This matter is before the court on the joint stipulation of the parties, Filing No. 79,
and a motion for summary judgment, Filing No. 80, relating to the joint stipulation. The
court previously granted partial summary judgment in favor of the plaintiff, Fling No. 76.
The court determined that one issue remained for trial, whether defendant was a
member of the cheer squad on January 23, 2008, the date he was injured. The parties
then began discovery and determined that the evidence supported plaintiff’s contention
that he was a member of the cheer squad on January 23, 2008. The parties have filed
a joint stipulation to this effect. Filing No. 79. This was the only remaining factual issue
in this case.
Plaintiff thereafter filed for summary judgment.

Summary judgment is

appropriate when the record, viewed in the light most favorable to the nonmoving party,
shows that “there is no genuine issue as to any material fact and that the movant is
entitled to judgment as a matter of law.” Fed. R. Civ. P. 56. Plaintiff contends there are
no genuine issues of fact to be tried as a result of the joint stipulation and the previous
Memorandum and Order issued by this court. Defendant opposes this motion. Filing
No. 81. Defendant’s only argument in this regard is a reference to Mutual’s objections

and evidence filed in its previous motion for summary judgment. However, defendant
acknowledges that the court previously denied the motion in its June 14, 2012,
Memorandum and Order. Filing No. 76. Defendant offers nothing additional in this
summary judgment.
Accordingly, the court finds the motion for summary judgment, Filing No. 80, is
granted pursuant to Fed. R. Civ. P. 56. There are now no material issues to be tried,
and the plaintiff is entitled to judgment as a matter of law.
THEREFORE, IT IS ORDERED:
1.

Defendant Mutual of Omaha is liable to provide coverage to the plaintiff

Wesley Patterson under the Catastrophic Injury Insurance Policy.
2.

Defendant Mutual of Omaha is ordered to pay those benefits to plaintiff

Wesley Patterson to which he is entitled as a result of his injuries incurred on
January 23, 2008.
3. Plaintiff’s motion for summary judgment, Filing No. 80, is granted.
4. A separate judgment will be entered in accordance with this Memorandum
and Order.
Dated this 5th day of November, 2012.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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