McKeown v. Rahim et al

Filing 68

ORDER granting in part and denying in part 37 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 42 Motion to Dismiss for Failure to State a Claim; withdrawing 62 Motion to Amend/Correct Amended Complaint; granting 63 Motion to Withdraw ; granting in part and denying in part 64 Motion to Amend/Correct Amended Complaint. Signed by Judge Elizabeth K. Dillon on 3/16/2020. (Order mailed to Pro Se Parties via US Mail)(sas)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
BRADLEY A. McKEOWN,
Plaintiff,
v.
KHALIL RAHIM, et al.,
Defendants.

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Civil Action No. 7:18-cv-00306
By: Elizabeth K. Dillon
United States District Judge

ORDER
For the reasons set forth in the court’s accompanying memorandum opinion, it is hereby
ORDERED that V. Jones Trucking, LLC’s (VJT) motion to dismiss plaintiff’s second amended
complaint (Dkt. No. 37) is GRANTED IN PART AND DENIED IN PART. As set forth in the
court’s opinion, McKeown’s claims against VJT of negligence, vicarious liability as a statutory
employer, negligent entrustment, and negligence and negligence per se for aiding and abetting
violations of the Federal Motor Carrier Safety Regulations are dismissed.
It is further ORDERED that James Hardie Building Products, Inc.’s (Hardie) motion to
dismiss plaintiff’s second amended complaint (Dkt. No. 42) is GRANTED IN PART AND
DENIED IN PART. Specifically, McKeown’s claims against Hardie for negligent undertaking
or assumption of duty and for negligent hiring are dismissed.
It is further ORDERED that McKeown’s motion to withdraw his motion to
amend/correct his amended complaint (Dkt. No. 63) is GRANTED and his motion to
amend/correct his amended complaint (Dkt. No. 62) is WITHDRAWN. McKeown’s second
motion to amend/correct his amended complaint (Dkt. No. 64) is GRANTED IN PART AND
DENIED IN PART, as explained more thoroughly in the court’s opinion.

The clerk is directed to provide a copy of this order and the accompanying memorandum
opinion to all counsel of record and all pro se parties.
Entered: March 16, 2020.

/s/ Elizabeth K. Dillon
Elizabeth K. Dillon
United States District Judge

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