Elawyers Elawyers
Ohio| Change

Kimmell v. Enovapremier of Indiana LLC, 3:18-cv-00070-JPH-MPB. (2019)

Court: District Court, S.D. Indiana Number: infdco20191008v40 Visitors: 4
Filed: Oct. 03, 2019
Latest Update: Oct. 03, 2019
Summary: ORDER ON SUPERIOR INDUSTRIES INTERNATIONAL INC.'S MOTION FOR SUMMARY JUDGMENT JAMES PATRICK HANLON , District Judge . On June 17, 2016, Troy Kimmell suffered serious injuries after a shipment of aluminum wheels fell on him as he was unloading a trailer. Dkt. 22 11, 16. Mr. Kimmell filed a complaint alleging that Superior Industries International, Inc. "negligently loaded the semi-trailer at issue." Id. 17(A). Superior moved for summary judgment on Mr. Kimmell's "sole allegation" aga
More

ORDER ON SUPERIOR INDUSTRIES INTERNATIONAL INC.'S MOTION FOR SUMMARY JUDGMENT

On June 17, 2016, Troy Kimmell suffered serious injuries after a shipment of aluminum wheels fell on him as he was unloading a trailer. Dkt. 22 ¶¶ 11, 16. Mr. Kimmell filed a complaint alleging that Superior Industries International, Inc. "negligently loaded the semi-trailer at issue." Id. ¶ 17(A).

Superior moved for summary judgment on Mr. Kimmell's "sole allegation" against Superior: that Superior is responsible for his injuries because it loaded the semi-trailer negligently. Dkt. 54 at 5. Superior argued that it was entitled to summary judgment because it did not load the semi-trailer led to Mr. Kimmell's injuries. Id.

After Superior moved for summary judgment, Mr. Kimmell "acquired evidence that [Superior] did not load the trailer . . . but committed other acts of omission and negligence" that caused his injuries. Dkt. 82 ¶ 3. Therefore, Mr. Kimmell filed an amended complaint that no longer alleged that Superior negligently loaded the trailer. Dkt. 88. Instead, it alleged that Superior negligently instructed others how the load should be secured in the trailer and failed to provide straps to secure the load. Id. ¶ 19.

An amended complaint supersedes a prior complaint, rendering the original complaint void. Flannery v. Recording Indus. Ass'n of Am., 354 F.3d 632, 638 (7th Cir. 2004). Since Mr. Kimmell no longer alleges that Superior negligently loaded the trailed that fell on him, Superior's motion for summary judgment is DENIED without prejudice as moot. See Parker v. Trueblood, No. 2:17-cv-256, 2017 WL 6406836, at *2 (S.D. Ind. Dec. 15, 2017) (holding that the filing of an amended complaint rendered a preceding motion for summary judgment moot).

SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer