HAWKINS et al v. SWITCHBACK MX, LLC

Filing 45

ORDER & JUDGMENT denying pltfs' MSJ 27 , granting deft's MSJ 31 with JUDGMENT ENTERED in favor of deft & against pltfs on negligence claims in Counts I & II of pltfs' complaint, DISMISSING negligence per se claim in Ct II of complaint, & directing Clrk of Ct to CLOSE case. (See order & jdgmt for complete details.) Signed by Christopher C. Conner on 9/12/18. (kmMD)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KAMERON HAWKINS and
AMBER LYNN DURBIN,
Plaintiffs
v.
SWITCHBACK MX, LLC d/b/a
SWITCHBACK RACEWAY,
Defendant

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CIVIL ACTION NO. 2:16-CV-1719
(Chief Judge Conner)

ORDER & JUDGMENT
AND NOW, this 12th day of September, 2018, upon consideration of the
parties’ cross-motions (Docs. 27, 31) for summary judgment, and the parties’ briefs
in support of and opposition to said motions, (Docs. 29, 33, 36, 38, 41), and for the
reasons set forth in the accompanying memorandum, it is hereby ORDERED that:
1.

Plaintiffs’ motion (Doc. 27) for summary judgment is DENIED.

2.

Defendant’s motion (Doc. 31) for summary judgment is GRANTED as
follows:
a.

b.

3.

Judgment is ENTERED in favor of defendant and against
plaintiffs on the negligence claims set forth in Counts I and II
of plaintiffs’ complaint.
The negligence per se claim set forth in Count III of plaintiffs’
complaint is DISMISSED.

The Clerk of Court is directed to CLOSE this case.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania