Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Pennington v. UPS Ground Freight, Inc.

United States District Court, N.D. Mississippi, Oxford Division

March 13, 2018

LOLITA PENNINGTON, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE AND WRONGFUL DEATH BENEFICIARIES OF ANDRIANA HALL, et al. PLAINTIFFS
v.
UPS GROUND FREIGHT, INC., a/k/a UNITED PARCEL SERVICE DEFENDANT

          MEMORANDUM OPINION

          NEAL B. BIGGERS, JR. UNITED STATES DISTRICT JUDGE.

         This cause comes before the court upon the defendant's motion for summary judgment. Upon due consideration of the motion, response, exhibits, and supporting and opposing authority, the court is ready to rule.

         Factual and Procedural Background

         The instant wrongful death case arises from a three-vehicle collision sequence. On April 14, 2016, at around 10:30 at night, the decedent, Andriana Hall, was driving westbound on Interstate 78 near Olive Branch, Mississippi. The posted speed limit was 70 mph, it was raining heavily, and the roadway was unlit. Hall was travelling at a speed of 77 mph, as shown by the black box in her car, before her car hydroplaned, spun out of control and crashed into the steel cable barrier in the median between the eastbound and westbound travel lanes.

         Hall's car then bounced off the cable barrier, crossed the left lane and crashed into a tractor-trailer driven by Sharanjit Parmar in the right lane. During this collision, Hall's car slid under the back, left-side of Parmar's trailer. Subsequently, Hall's car came to a complete rest in the left lane, perpendicular to oncoming traffic. At this point, none of the exterior or interior lights in Hall's car were illuminated.

         During this time, two tractor-trailers were travelling on I-78 in the left lane. The first, a cattle truck, saw Hall's car and, without signaling, swerved quickly into the right lane to avoid collision. The second tractor-trailer was driven by James Capwell, an employee of UPS Ground Freight, Inc. (“UPS”). Capwell had been driving with his cruise control set on 66 mph; but, once he was able to see Hall's car resting in the roadway, he hit his brakes. Capwell, however, was unable to avoid impact and he struck the passenger's side of Hall's vehicle (hereinafter “UPS collision”).

         Hall was pronounced deceased at the scene of the accident. No. autopsy was performed. The DeSoto County Coroner's report states that Hall died in an “accident” and that the Hall's probable cause of death was “multiple trauma (driver) due to car/18 wheeler crash. Car lost control.” Hall's wrongful death beneficiaries filed the instant suit on October 28, 2016, and assert claims for negligence and gross negligence against UPS for Capwell's alleged actions. UPS now moves for summary judgment and argues that no genuine issues of material fact remain and that it is entitled to judgment as a matter of law.

         Standard of Review

         “The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). Courts have placed the burden upon the moving party to show an absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). If the movant makes such a showing, the burden then shifts to the non-movant to “go beyond the pleadings and . . . designate specific facts showing that there is a genuine issue for trial.” Celotex at 324. A genuine issue exists “if the evidence is such that a reasonable jury could return a verdict for the non-moving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). Before finding that no genuine issue for trial exists, the court must first be satisfied that no rational trier of fact could find for the non-movant. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986).

         When deciding a motion for summary judgment, the court must view the underlying facts in the “light most favorable to the party opposing the motion.” United States v. Diebold, Inc., 369 U.S. 654, 655 (1962). As such, all reasonable inferences must be drawn in favor of the non-movant. Id. The Supreme Court has made it clear that “at the summary judgment stage, the trial judge's function is not himself to weigh the evidence and determine the truth of the matter.” Anderson, 477 U.S. at 249. Instead, the inquiry performed by the trial judge is merely a “threshold inquiry” of whether a trial is needed. Id. at 250.

         “Summary judgment, although a useful device, must be employed cautiously because it is a final adjudication on the merits.” Jackson v. Cain, 864 F.2d 1235, 1241 (5th Cir. 1989). The court has discretion to allow a plaintiff's claims to proceed to trial. Anderson, 477 U.S. at 255. Further, when a case presents a “close call, ” courts generally find this to favor the non-moving party. E.E.O.C. v. West Customer Management Group, LLC, 899 F.Supp.2d 1241, 1258 (N.D. Fl. 2012) (citing Russsaw v. Barbour Cnty. Bd. of Educ., 891 F.Supp.2d 1281, 1295 (M.D. Ala. 2012)).

         Analysis

         Mississippi law requires plaintiffs in wrongful death actions to “establish that the conduct of the defendant proximately caused the injury and death in question.” White v. Yellow Freight System, Inc., 905 So.2d 506, 511 (Miss. 2004) (citing Berryhill v. Nichols, 171 Miss. 769, 773, 158 So. 470, 471 (1935)). To sustain this burden, a plaintiff must introduce evidence demonstrating that “it is more likely than not that the conduct of the defendant was a cause in fact of the result.” Burnham v. Tabb, 508 So.2d 1072, 1074 (Miss. 1987) (citing W. Keeton, Prosser & Keeton on Torts, § 41 (5th ed. 1984)).

         In other words, the plaintiff must merely establish “some reasonable connection” between the defendant's actions and the decedent's death. Id. Further, “causation may be established by circumstantial evidence” so long as “the circumstances shown . . . take the case out of the realm of conjecture and place it within the field of legitimate inference.” Estate of Gibson ex rel. Gibson v. Magnolia Healthcare, Inc., 91 So.3d 616, 625 (Miss. 2012) (citing Tombigbee Electric Power Ass'n v. Gandy, 216 Miss. 444, 454, 52 So.2d 567 (1953). In Mississippi courts, “it is only in rare and exceptional cases that a civil case depending upon circumstantial evidence ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.