Parrick v. FedEx Ground Package System, Inc. et al, No. 9:2009cv00095 - Document 163 (D. Mont. 2010)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 144 Findings and Recommendations regarding 92 Motion for Summary Judgment filed by Tanner J. Parrick. IT IS HEREBY ORDERED that Plaintiffs' Motion for Partial Summary Judgment: Negligence Per Se is DENIED. Signed by Judge Donald W. Molloy on 9/7/2010. (APP, )
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Parrick v. FedEx Ground Package System, Inc. et al Doc. 163 FILED ,SEP 07 20m PATIUCKE. OUFFY. CLERK B)';:;;oe;;;;P\JTY;;;;:;;"CL"'eruRK". IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION ) TANNERJ. PARRICK, individually and as Personal Representatives of the Estate of Jerry 1. Parrick, deceased, and on behalf of Thais D. Park and Maria Elliot, CV 09-95-M-DWM-JCL ) ) ) ) ) ) Plaintiffs, ) ) vs. ORDER ) FEDEX GROUND PACKAGE SYSTEM, ) INC., BRIDGEWATER TRUCKING, LLC, ) SERGEY BUSLAYEV, and VLADIMIR ) KOCHUKOV, ) ) Defendants. ) -----------------------) Plaintiffs filed a Motion for Partial Sunnnary Judgment in this matter on June 8, 2010. Plaintiffs request summary judgment on the issue of liability against Defendants Fed Ex Ground Package System, Inc., Sergey Buslayev, and Vladimir Kochukov based on negligence per se. United States Magistrate Judge Jeremiah C. Lynch entered Findings and 1- Dockets.Justia.com Recommendation (dkt #144) in this case on August 3,2010. Judge Lynch found that the regulatory violations Plaintiffs assert on summary judgment are not sufficient to establish negligence per se under Montana law. He also found there are genuine issues of material fact as to whether Defendant Buslayev violated the particular statutes at issue. Plaintiffs did not timely object and so have waived the right to de novo review of the record. 28 U.S.c. § 636(b)(1). This Court reviews the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach.. Inc., 656 F.2d 1309,1313 (9th Cir. 1981). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th CiI. 2000). I can find no clear error with Judge Lynch's recommendation and therefore adopt it in full. IT IS HEREBY ORDERED that Plaintiffs' Motion for Partial Summary Judgment: Negligence Per Se (dkt #92) is DENIED. I Dated this X day of September, 20 I O. oIloy, District Judge tate District Court -2-
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