Crow et al v. Trans-System, Inc. et al

Filing 75

ORDER granting in part and denying in part 55 Motion for Summary Judgment; denying 60 Motion for Joinder. Signed by Judge Robert J. Bryan. (JL)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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STEVEN CROW, et al.,
Plaintiffs,

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v.
COSMO SPECIALTY FIBERS, INC., et
al.,

CASE NO. 3:15-cv-05665-RJB
ORDER ON (1) DEFENDANTS
TSI-JJW’S MOTION FOR
SUMMARY JUDGMENT AND (2)
DEFENDANT AIRGAS
SPECIALTY PRODUCTS, INC.’S
MOTION FOR JOINDER

Defendants.

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THIS MATTER comes before the Court on the Motion for Summary Judgment filed by
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Defendants Trans-System, Inc. d/b/a/ James James J. Williams Bulk Service (collectively,
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“Defendants TSI-JJW”). Dkt. 55. Defendant AirGas Specialty Products, Inc. separately filed a
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motion to join the summary judgment motion in part as to the ultra-hazardous activity and strict
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liability issued raised. Dkt. 60. The Court considered briefings filed in support of and in
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opposition to the motions, oral argument by the parties at a hearing held February 7, 2017, and
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the remainder of the file herein.
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ORDER ON (1) DEFENDANTS TSI-JJW’S
MOTION FOR SUMMARY JUDGMENT AND (2)
DEFENDANT AIRGAS SPECIALTY PRODUCTS,
INC.’S MOTION FOR JOINDER- 1

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At the conclusion of the February 7, 2017 hearing, the Court ruled orally that the motion

2 was denied in part and granted in part. As to the three issues raised in the motion for summary
3 judgment (Dkt. 55), the Court’s ruling is HEREBY MEMORIALIZED as follows:
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(1) Prima facie case of negligence:
The motion is DENIED.
(2) Allegations of negligent hiring, retention, and supervision:
The motion is GRANTED. These allegations are STRICKEN.
(3) Ultra-hazardous activity and strict liability:
The motion is DENIED.

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The Motion for Joinder (Dkt. 60) is DENIED as moot.

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IT IS SO ORDERED.

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The Clerk is directed to send uncertified copies of this Order to all counsel of record and

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Dated this 7th day of February, 2017.

A
ROBERT J. BRYAN
United States District Judge

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ORDER ON (1) DEFENDANTS TSI-JJW’S
MOTION FOR SUMMARY JUDGMENT AND (2)
DEFENDANT AIRGAS SPECIALTY PRODUCTS,
INC.’S MOTION FOR JOINDER- 2