Janiashvili v. Mack Truck Lines Inc et al

Filing 40

ORDER Denying Defendants' Motion for Summary Judgment [ECF No. 29]. Signed by Judge Thomas O. Rice.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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DAVID JANIASHVILI,
Plaintiff,

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v.
MACK TRUCK LINES, INC., a
California Corporation; JADVINDER
SINGH, individually and a Successor
in Interest to the Estate of JASPREET
SINGH; ARTUDIANTI, INC., and
DACHI GOGOLADZE,

NO. 2:20-CV-0442-TOR
ORDER DENYING DEFENDANTS’
MOTION FOR SUMMARY
JUDGMENT

Defendants.

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BEFORE THE COURT is Defendants’ Motion for Summary Judgment

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(ECF No. 29). This matter was submitted for consideration without oral argument.

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The Court has reviewed the record and files herein, the completed briefing, and is

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fully informed. For the reasons discussed below, Defendants’ Motion for

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Summary Judgment (ECF No. 29) is DENIED.

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ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT ~ 1

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BACKGROUND

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This matter relates to a motor vehicle collision on December 12, 2018,

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involving two commercial tractor-trailers. ECF No. 30 at 1–2, ¶¶ 1–4. The

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following facts are not in dispute, except where noted.

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On December 12, 2018, a tractor-trailer owned by Defendant Mack Truck

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Lines, Inc. and driven by Jaspreet Singh (deceased), jackknifed on Interstate 90 in

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Lincoln County, Washington, causing a complete blockage of both westbound

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lanes. Id. at 1, ¶ 1; ECF No. 12 at 3, ¶ 9. Due to the position of the vehicle

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thereafter, neither the headlights nor the taillights of the trailer were visible to

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traffic traveling in a westerly direction. ECF No. 30 at 2, ¶ 2. The second tractor-

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trailer involved in the accident was owned by Defendant Artudianti, Inc. and

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driven by Defendant Dachi Gogoladze. Id. at ¶ 4. Mr. Gogoladze was traveling in

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a westerly direction when he came upon Mr. Singh’s trailer, but without the ability

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to see the headlights or taillights, Mr. Gogoladze was not able to stop in time to

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avoid colliding with Mr. Singh’s trailer. Id. at ¶ 5. Plaintiff was a passenger in

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Mr. Gogoladze’s trailer at the time of the accident. ECF No. 12 at 3, ¶ 9. No other

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facts relating to the accident are presently before the Court.

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Plaintiff alleges negligence causes of action against all four defendants. Id.

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at 4–5. Defendants Artudianti, Inc. and Dachi Gogoladze move for summary

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judgment on the grounds that Plaintiff’s claims will fail at trial without expert

ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT ~ 2

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witnesses, which Plaintiff has failed to disclose. ECF No. 29. Plaintiff did not

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respond to the motion. As such, the Court considers all facts contained herein

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undisputed and admitted. See LCivR 56(e).
DISCUSSION

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I.

Legal Standard
The Court may grant summary judgment in favor of a moving party who

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demonstrates “that there is no genuine dispute as to any material fact and that the

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movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). In ruling

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on a motion for summary judgment, the court must only consider admissible

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evidence. Orr v. Bank of America, NT & SA, 285 F.3d 764 (9th Cir. 2002). The

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party moving for summary judgment bears the initial burden of showing the

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absence of any genuine issues of material fact. Celotex Corp. v. Catrett, 477 U.S.

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317, 323 (1986). The burden then shifts to the non-moving party to identify

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specific facts showing there is a genuine issue of material fact. See Anderson v.

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Liberty Lobby, Inc., 477 U.S. 242, 256 (1986). “The mere existence of a scintilla

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of evidence in support of the plaintiff’s position will be insufficient; there must be

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evidence on which the jury could reasonably find for the plaintiff.” Id. at 252.

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For purposes of summary judgment, a fact is “material” if it might affect the

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outcome of the suit under the governing law. Id. at 248. Further, a dispute is

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“genuine” only where the evidence is such that a reasonable jury could find in

ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY
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favor of the non-moving party. Id. The Court views the facts, and all rational

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inferences therefrom, in the light most favorable to the non-moving party. Scott v.

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Harris, 550 U.S. 372, 378 (2007). Summary judgment will thus be granted

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“against a party who fails to make a showing sufficient to establish the existence of

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an element essential to that party’s case, and on which that party will bear the

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burden of proof at trial.” Celotex, 477 U.S. at 322.

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Defendants Artudianti, Inc. and Gogoladze (“Defendants”) move for

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summary judgment on the grounds that Plaintiff cannot establish the elements of

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duty, breach, causation, and damages absent expert testimony. ECF No. 29.

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Plaintiff has not disclosed any expert witnesses, and the time for disclosures under

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this Court’s Scheduling Order has expired. ECF No. 27 at 3–4.

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“In general, expert testimony is required when an essential element in the

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case is best established by an opinion which is beyond the expertise of a

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layperson.” Rinehold v. Renne, 198 Wash. 2d 81, 92 (2021) (citation and internal

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quotations marks omitted). In negligence claims, Washington courts have required

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expert testimony in matters arising from medical and legal malpractice, as well as

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products liability. See, e.g., Reyes v. Yakima Health District, 191 Wash. 2d 79, 90

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(2018); Walker v. Bangs, 92 Wash. 2d 854, 858 (1979); Wagner v. Flightcraft,

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Inc., 31 Wash. App. 558, 564 (1982). The cases cited by Defendants do not stand

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for the proposition that expert testimony is required in all negligence claims, as

ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT ~ 4

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Defendants seem to purport. Rather, the moving parties in those cases were

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successful because the nonmoving party failed to rebut the evidence presented at

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summary judgment.

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While Defendants may ultimately be correct that Plaintiff’s evidence is

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insufficient to prove his claims at trial, the Court finds the present record

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inadequately developed to make such a determination at this time. Defendants

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present only five sentences of material fact, none of which are supported by

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evidence. ECF No. 30. Moreover, each statement appears to be derived solely

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from Plaintiff’s Complaint. See ECF No. 12. Finally, Defendants’ facts do not

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contain any details about the accident or the parties’ conduct at the time of, and

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preceding, the event. Therefore, it is impossible to determine whether Plaintiff’s

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claims will necessarily fail absent expert testimony. Such a determination will be

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more appropriate once the factual and evidentiary record is more fully developed.

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ACCORDINGLY, IT IS HEREBY ORDERED:

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Defendant’s Motion for Summary Judgment (ECF No. 29) is DENIED.

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The District Court Executive is directed to enter this Order and furnish

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copies to counsel.
DATED July 29, 2022.

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THOMAS O. RICE
United States District Judge
ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY
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