Marker v. Jackson Hewitt Inc et al

Filing 57

ORDER by the Honorable Alan B Johnson granting in part and denying in part 37 Motion for Summary Judgment (Court Staff, sth)

IN THE UNITED STATES DISTRICT COU®ltED
U.S. DISTRICT COURT
FOR THE DISTRICT OFWYQMWXiT OF WYOMING

TuFTTT 15 m 11 03
LINDA MARKER,

STEPliA!: HARRIS. CLERK

Plaintiff,
V.

Case No. 14-CV-104-ABJ

JACKSON HEWITT, INC., and
MATT BROWN,
Defendants.

OPINION AND ORDER GRANTING IN PART, DENYING IN PART, DEFENDANTS'
MOTION FOR PARTIAL SUMMARY JUDGMENT

The defendants' Motion for Partial Summary Judgment (Doc. No. 37), the plaintiff's

opposition (Doc. No. 41), and the defendants' reply (Doc. No. 44) are before the Court. After
reviewing the parties' submissions, the applicable law, and being fully advised, the Court finds
that the defendants' Motionfor Partial SummaryJudgment (Doc. No. 37) should be GRANTED
IN PART and DENIED IN PART for the reasons stated below.

This case is about an employee injured while setting up satellite tax preparation locations
for Jackson Hewitt and the confusion thereafter regarding who would ultimately pay for her

injuries. First,the Court will give a brief factual background, discussing before, during, and after
the injury. Next, Court will present the standard of review, followed by an analysis of the law
and facts as to each count affected by this motion for partial summary judgment. Finally, the
Court will conclude by listing the counts not remaining and those remaining for trial.