Sauers v. Borough of Nesquehoning et al

Filing 57

ORDER (memorandum filed previously as separate docket entry) RE 51 MOTION for Judgment on the Pleadings filed by Borough of Nesquehoning. IT IS ORDERED as follows: 1) The motion is GRANTED with respect to Counts V (wrongful death), V I (survival action), and VII (respondeat superior/vicarious liability), and judgment is GRANTED to Defendant Borough of Nesquehoning on these counts; and 2) The motion is DENIED, without prejudice, with regard to the Borough of Nesquehonings duty to defend and indemnify Defendant Stephen Homanko. Signed by Honorable Jennifer P. Wilson on 9/21/2020. (ve)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MICHAEL SAUERS, Individually
and as Administrator of the Estate
of Carola R. Sauers,
Plaintiff,
v.
BOROUGH OF NESQUEHONING;
CHIEF OF POLICE SEAN SMITH; and
OFFICER STEPHEN HOMANKO,
Defendants.

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Civil No. 3:16-CV-00811

Judge Jennifer P. Wilson

ORDER
AND NOW, on this 21st day of September, 2020, upon consideration of the
motion for judgment on the pleadings filed by Defendant Borough of Nesquehoning,
Doc. 51, IT IS ORDERED as follows:
1) The motion is GRANTED with respect to Counts V (wrongful death), VI
(survival action), and VII (respondeat superior/vicarious liability), and judgment is
GRANTED to Defendant Borough of Nesquehoning on these counts; and
2) The motion is DENIED, without prejudice, with regard to the Borough of
Nesquehoning’s duty to defend and indemnify Defendant Stephen Homanko.

s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Court Judge
Middle District of Pennsylvania