Barry v. Wheeler et al

Filing 82

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that the 64 Motion for Summary Judgment filed by Defendants Phillip M. Wheeler and Werner Enterprises, Inc. is GRANTED IN PART and DENIED IN PART. (See Order for further/complete details.) Signed by Honorable Matthew W. Brann on 4/30/2019. (jr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 4:16-CV-02248

JAMES D. BARRY,
Plaintiff,
v.

(Judge Brann)

PHILLIP M. WHEELER, et al.,
Defendants.
and
FRANCISCO SEURO, et al.,
Plaintiffs,
v.
PHILLIP M. WHEELER, et al.,
Defendants.
ORDER
APRIL 30, 2019
In accordance with the accompanying Memorandum Opinion, IT IS
HEREBY ORDERED that the Motion for Summary Judgment filed by
Defendants Phillip M. Wheeler and Werner Enterprises, Inc., ECF No. 64, is
GRANTED IN PART and DENIED IN PART as follows:
1.

With respect to Plaintiff James D. Barry’s claims against Defendants
Phillip M. Wheeler and Werner Enterprises, Inc. for punitive
damages, the motion is GRANTED.

2.

With respect to Plaintiff James D. Barry’s claims against Defendant
Werner Enterprises, Inc. for negligent hiring and negligent
entrustment, the motion is GRANTED.

3.

The motion is otherwise DENIED.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge