Presley v. Union Pacific Railroad Company

Filing 174

OPINION AND ORDER by Magistrate Judge Steven P. Shreder denying 131 Motion for Summary Judgment (dma, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
BOBBY WAYNE PRESLEY,
Plaintiff,
v.
UNION PACIFIC RAILROAD
COMPANY,
Defendant.

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Case No. CIV-10-252-SPS

OPINION AND ORDER DENYING DEFENDANT UNION PACIFIC
RAILROAD COMPANY’S MOTION FOR SUMMARY JUDGMENT
Upon consideration of the Defendant’s Motion for Summary Judgment [Docket
No. 131], the Court finds genuine issues of material fact regarding the issue of liability.
The existence of such fact questions preclude summary judgment, see Fed. R. Civ. P.
56(a) (“The court shall grant summary judgment if the movant shows that there is no
genuine dispute as to any material fact and the movant is entitled to judgment as a matter
of law.”), and the Defendant’s motion is accordingly hereby DENIED.
DATED this 9th day of January, 2014.