Travelers Casualty Insurance Company of America v. Volunteers of America of Kentucky, Inc. et al, No. 5:2010cv00301 - Document 97 (E.D. Ky. 2012)

Court Description: MEMORANDUM OPINION & ORDER: 58 MOTION for Partial Summary Judgment is DENIED. Signed by Judge Karen K. Caldwell on 8/21/2012.(SCD)cc: COR,Pro Se Dft(via US Mail)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON CIVIL ACTION NO. 5:10-301-KKC TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA on behalf of Johnny Palumbo, II, doing business as Brookview Apartments, v. PLAINTIFF MEMORANDUM OPINION AND ORDER VOLUNTEERS OF AMERICA KENTUCKY, INC. and DENA SELLERS, **** **** **** DEFENDANTS **** This matter is before the Court on Plaintiff s Motion for Partial Summary Judgment. [DE 58]. Plaintiff s Motion for Partial Summary Judgment on the issue of liability relies on excluding Defendant s expert witness, Robert Russell. [DE 58 at 4]. In a Memorandum Opinion and Order entered contemporaneously with this Order, the Court denied Plaintiff s motion to exclude Russell s testimony. Accordingly, because there is a genuine dispute of material fact, Plaintiff s Motion for Partial Summary Judgment [DE 58] is DENIED. So ORDERED Dated this 21st day of August, 2012.

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