Rollins et al v. Calderon et al

Filing 96

ORDER ON REPORT AND RECOMMENDATIONS re: 44 MOTION for Summary Judgment on Gross Negligence, 84 Report and Recommendations. It is ORDERED that Defendants Motion for Summary Judgment on Gross Negligence is GRANTED as to Plaintiff Karen Yvonne Rollins. The Court will defer ruling on the motion for summary judgment as to Plaintiff Salazar.(Signed by Judge Fernando Rodriguez, Jr) Parties notified.(JenniferLongoria, 1)

United States District Court
Southern District of Texas

ENTERED
September 20, 2019

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
KAREN YVONNE ROLLINS, et al.,
VS.

Plaintiffs,

FRANCISCO JAVIER CALDERON, et al.,
Defendants.

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David J. Bradley, Clerk

CIVIL ACTION NO. 1:17-CV-244

ORDER ON REPORT AND RECOMMENDATION
When Defendant Francisco Javier Calderon missed a turn while driving a tractor-trailer
and chose to back up, he collided into a vehicle driven by Plaintiff Karen Rollins, with Plaintiff
Marco Salazar as a passenger. Both Rollins and Salazar brought suit against Calderon and his
employer, C.R. England, Inc., based on causes of action that include gross negligence.
Defendants

moved

for

summary

judgment

as

to

the

gross

negligence

claim. (Doc. 44) The Magistrate Judge issued a Report and Recommendation (Doc. 84)
recommending summary dismissal of the claim because under the clear and convincing
standard applicable to the cause of action, no genuine issue of material fact exists that
Calderon’s actions created an extreme risk of serious injury that rose above mere carelessness.
Plaintiff Rollins timely filed objections to the Report and Recommendation (Doc. 88), reasserting the arguments she made in response to the summary-judgment motion, and arguing
that the Report and Recommendation reaches an erroneous conclusion under applicable law.
The Court has reviewed the Report and Recommendation, Plaintiff Rollins’ objections,
and the relevant record. The Court concludes that the Report and Recommendation correctly
applied Texas law. Accordingly, the Court ADOPTS the Report and Recommendation.
(Doc. 84)
It is ORDERED that Defendants’ Motion for Summary Judgment on Gross Negligence
is GRANTED as to Plaintiff Karen Yvonne Rollins.
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The Court notes that Plaintiff Salazar passed away in September 2018 and remains
unrepresented by counsel in this matter. (Report and Recommendation, Doc. 84, 1) Thus, the
Court will defer ruling on the motion for summary judgment as to Plaintiff Salazar.
SIGNED this 20th day of September, 2019.
_______________________________
Fernando Rodriguez, Jr.
United States District Judge

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