RUHEL et al v. S.N.M. ENTERPRISES, INC.

Filing 59

ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS ORDERED THAT: 1. Magistrate Judge Carlsons Report and Recommendation 51 , is ADOPTED; 2. Defendant S.N.M.s motion 44 for partial summary judgment is GRANTED IN PART AND DENIED IN PART, as follows: a. S.N.M.s motion for partial summary judgment is DENIED as to Plaintiffs wrongful death claim; b. S.N.M.s motion for partial summary judgment is GRANTED as to Plaintiffs claims for punitive damages; and 3. This matter is recommitted back to Magistrate Judge Carlson for further pretrial proceedings. Signed by Honorable Yvette Kane on 4/28/17. (rw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
EDWARD RUEHL, individually and as
Administrator of the Estate of Shirley
Ruehl, deceased,
Plaintiff
v.
S.N.M. ENTERPRISES, INC.,
Defendant

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No. 1:15-CV-168
(Judge Kane)
(Magistrate Judge Carlson)

ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
Plaintiff Edward Ruehl initiated the above-captioned action asserting, in the operative
Second Amended Complaint (Doc. No. 40), claims of wrongful death and survival arising out of
the negligence of Defendant S.N.M. Enterprises, Inc. (“SNM”), the operator of a Hampton Inn in
Gettysburg, Pennsylvania (“Gettysburg Hampton Inn”), in connection with Shirley Ruehl’s fall
near the entrance to the Gettysburg Hampton Inn in August of 2013, and her subsequent death in
January 2016. (Doc. No. 40.)
Now before the Court is the January 12, 2017 Report and Recommendation of Magistrate
Judge Carlson (Doc. No. 51), addressing Defendant’s Motion for Partial Summary Judgment
(Doc. No. 44), on Plaintiff’s wrongful death claim and Plaintiff’s claims for punitive damages.
In the Report and Recommendation, Magistrate Judge Carlson recommends denying S.N.M.’s
motion for partial summary judgment as to Plaintiff’s wrongful death claim, and granting the
motion as to Plaintiff’s claims for punitive damages. (Doc. No. 51 at 2.) As to Plaintiff’s
wrongful death claim, Magistrate Judge Carlson recommends that summary judgment be denied
because the question of causation in this case presents an issue of fact for the jury to determine.
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(Id.) As to Plaintiff’s claims for punitive damages, Magistrate Judge Carlson recommends that
S.N.M.’s motion be granted, as he finds insufficient evidence to support a reasonable factfinder’s
determination that Defendant demonstrated the requisite wantonness or recklessness warranting
the potential imposition of punitive damages. (Id.)
Defendant filed no objection to Magistrate Judge Carlson’s Report and Recommendation;
however, Plaintiff objected to Magistrate Judge Carlson’s recommendation regarding Plaintiff’s
punitive damages claim. (Doc. No. 52.) Plaintiff submitted a brief in support of his objection
(Doc. No. 53), and Defendant filed a brief in opposition (Doc. No. 54). Having considered
Plaintiff’s objection, the Court finds that Magistrate Judge Carlson correctly and
comprehensively addressed the substance of Plaintiff’s objection in his Report and
Recommendation. (Doc. No. 51.) Accordingly, the Court will not write separately to address
Plaintiff’s objection.
AND SO, upon independent review of the record and applicable law, on this 28th day of
April 2017, IT IS ORDERED THAT:
1.

Magistrate Judge Carlson’s Report and Recommendation (Doc. No. 51), is
ADOPTED;

2.

Defendant S.N.M.’s motion for partial summary judgment (Doc. No. 44), is
GRANTED IN PART AND DENIED IN PART, as follows:
a.

S.N.M.’s motion for partial summary judgment is DENIED as to
Plaintiff’s wrongful death claim;

b.

S.N.M.’s motion for partial summary judgment is GRANTED as to
Plaintiff’s claims for punitive damages; and

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3.

This matter is recommitted back to Magistrate Judge Carlson for further pretrial
proceedings.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania

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