PINEDA v. CHROMIAK et al

Filing 66

ORDER THAT DEFENDANTS', WOLFE TRUCKING, INC. AND RICHARD E. CHROMIAK, MOTION FOR PARTIAL SUMMARY JUDGMENT (DKT. NO. 40) IS GRANTED, AND PLAINTIFF'S CLAIMS FOR NEGLIGENT HIRING, ENTRUSTMENT, TRAINING, AND SUPERVISION AGAINST DEFENDANT WOLFE TRUCKING, INC. CONTAINED IN COUNT II OF PLAINTIFF'S COMPLAINT ARE DISMISSED. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 1/10/19. 1/11/19 ENTERED AND COPIES E-MAILED.(er, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
________________________________________________
:
EDDY PINEDA,
:
Plaintiff
:
v.
:
CIVIL ACTION 17-5833
:
RICHARD E. CHROMIAK; and
:
WOLFE TRUCKING, INC.;
:
:
Defendants
:
________________________________________________:
ORDER
AND NOW, this

10th

day of January, 2019, upon consideration of

Defendants’, Wolfe Trucking, Inc. and Richard E. Chromiak, Motion for Partial Summary
Judgment (Dkt. No. 40) filed November 15, 2018;1 upon consideration of Plaintiff, Eddy
Pineda’s Response to Defendants’ Wolfe Trucking, Inc. and Richard Chromiak, Motion for
Partial Summary Judgment (Dkt. No. 42) filed December 5, 2018;2 and upon consideration of the
Reply Brief of Defendants’, Wolfe Trucking, Inc. and Richard E. Chromiak, in Support of
Defendants’ Motion for Partial Summary Judgment (Dkt. No. 51) filed with leave of this Court
on December 19, 2018; and for the reasons expressed in the foregoing Memorandum,

1

Defendants’, Wolfe Trucking, Inc. and Richard E. Chromiak, Statement of Undisputed Material
Facts in Support of Their Motion for Partial Summary Judgment (Dkt. No. 40-2) and Defendants’, Wolfe Trucking,
Inc. and Richard E. Chromiak, Memorandum in Support of Their Motion for Partial Summary Judgment (Dkt. No.
40-1) were also filed on November 15, 2018.
2

Plaintiff, Eddy Pineda’s Responses to Defendants’ Statement of Undisputed Material Facts and
Plaintiff Statements in Support of His Opposition to Defendants’ Wolfe Trucking, Inc. and Richard Chromiak,
Motion for Partial Summary Judgment and Plaintiff, Eddy Pineda’s Memorandum of Law in Response to
Defendants’, Wolfe Trucking, Inc. and Richard Chromiak, Motion for Partial Summary Judgment were also filed on
December 5, 2018. See Dkt. No. 42.

IT IS ORDERED that Defendants’, Wolfe Trucking, Inc. and Richard E.
Chromiak, Motion for Partial Summary Judgment (Dkt. No. 40) is GRANTED, and plaintiff’s
claims for negligent hiring, entrustment, training, and supervision against defendant Wolfe
Trucking, Inc. contained in Count II of plaintiff’s Complaint are DISMISSED.3

BY THE COURT:

/s/ Henry S. Perkin
HENRY S. PERKIN,
United States Magistrate Judge

3

It is the sense of this Order that Count II of plaintiff’s Complaint will not be dismissed in its
entirety. While this Order is intended to dismiss the claims of negligent hiring, entrustment, training, and supervision
against defendant Wolfe Trucking , Inc., there appear to be additional claims contained in Count II as to Wolfe
Trucking. To the extent there are claims other than those addressed by this Order, those claims shall remain.