RHOADS INDUSTRIES, INC. et al v. SHORELINE FOUNDATION, INC. et al

Filing 183

MEMORANDUM AND ORDER THAT DEFENDANTS MOTIONS FOR SUMMARY JUDGMENT (DOCS. 162 & 163) ARE GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY MAGISTRATE JUDGE DAVID R. STRAWBRIDGE ON 3/10/22. 3/11/22 ENTERED AND COPIES E-MAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RHOADS INDUSTRIES, INC., et al

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v.
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SHORELINE FOUNDATION, INC., et al :

CIVIL ACTION

RHOADS INDUSTRIES, INC., et al

CIVIL ACTION

v.
TRITON MARINE CONSTRUCTION
CORP.

NO. 15-921

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NO. 17-266

ORDER
AND NOW, this 10th day of March 2022, upon consideration of extensive briefing by the
parties (Dkt. 17-366, Docs. 191, 192, 197, 199 and attachments); (Dkt. 15-921, Docs. 162, 172,
173, 175, 163, 176, 177, 179 and attachments), it is hereby ORDERED that Defendants’ Motions
for Summary Judgment are, as set out in the attached Memorandum Opinion, DENIED IN PART
and GRANTED IN PART as follows:
1. Defendants’ Motion for Summary Judgment on Plaintiff’s Alleged Lack of Expert
Testimony on “Loss of Use” and Dry Dock 2’s “Special Purpose Property”
Qualification (Dkt. 17-266, Docs. 191, 192) is DENIED.
2. Defendants’ Motion for Summary Judgment on Plaintiff’s Alleged Lack of Article III
Standing for Property Damage Claims and Inability to Prove Causation (Dkt. 15-921,
Doc. 162) is DENIED.
3. Defendants’ Motion for Summary Judgment on the Applicability of Derivative
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Immunity, Government Contractor, and Abnormally Dangerous Activity Defenses
(Dkt. 15-921, Docs. 163) is GRANTED IN PART and DENIED IN PART.
Defendants’ Motion is GRANTED as to the requested dismissal of Plaintiff’s strict
liability claims against Defendants Shoreline Foundation, Inc. and Triton Marine
Construction Corp., in accordance with Pennsylvania’s “abnormally dangerous
activity” doctrine. Defendants’ Motion is DENIED as to all remaining claims.
BY THE COURT:
/s/ David R. Strawbridge, USMJ
DAVID R. STRAWBRIDGE
UNITED STATES MAGISTRATE JUDGE

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