McKeown v. Rahim, 7:18-cv-00306. (2020)
Court: District Court, W.D. Virginia
Number: infdco20200318831
Visitors: 15
Filed: Mar. 16, 2020
Latest Update: Mar. 16, 2020
Summary: ORDER ELIZABETH K. DILLON , District Judge . For the reasons set forth in the court's accompanying memorandum opinion, it is hereby ORDERED that V. Jones Trucking, LLC's (VJT) motion to dismiss plaintiff's second amended complaint (Dkt. No. 37) is GRANTED IN PART AND DENIED IN PART. As set forth in the court's opinion, McKeown's claims against VJT of negligence, vicarious liability as a statutory employer, negligent entrustment, and negligence and negligence per se for aiding and abetting
Summary: ORDER ELIZABETH K. DILLON , District Judge . For the reasons set forth in the court's accompanying memorandum opinion, it is hereby ORDERED that V. Jones Trucking, LLC's (VJT) motion to dismiss plaintiff's second amended complaint (Dkt. No. 37) is GRANTED IN PART AND DENIED IN PART. As set forth in the court's opinion, McKeown's claims against VJT of negligence, vicarious liability as a statutory employer, negligent entrustment, and negligence and negligence per se for aiding and abetting v..
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ORDER
ELIZABETH K. DILLON, District Judge.
For the reasons set forth in the court's accompanying memorandum opinion, it is hereby ORDERED that V. Jones Trucking, LLC's (VJT) motion to dismiss plaintiff's second amended complaint (Dkt. No. 37) is GRANTED IN PART AND DENIED IN PART. As set forth in the court's opinion, McKeown's claims against VJT of negligence, vicarious liability as a statutory employer, negligent entrustment, and negligence and negligence per se for aiding and abetting violations of the Federal Motor Carrier Safety Regulations are dismissed.
It is further ORDERED that James Hardie Building Products, Inc.'s (Hardie) motion to dismiss plaintiff's second amended complaint (Dkt. No. 42) is GRANTED IN PART AND DENIED IN PART. Specifically, McKeown's claims against Hardie for negligent undertaking or assumption of duty and for negligent hiring are dismissed.
It is further ORDERED that McKeown's motion to withdraw his motion to amend/correct his amended complaint (Dkt. No. 63) is GRANTED and his motion to amend/correct his amended complaint (Dkt. No. 62) is WITHDRAWN. McKeown's second motion to amend/correct his amended complaint (Dkt. No. 64) is GRANTED IN PART AND DENIED IN PART, as explained more thoroughly in the court's opinion.
The clerk is directed to provide a copy of this order and the accompanying memorandum opinion to all counsel of record and all pro se parties.
Source: Leagle
