HOLBROOK et al v. WOODHAM et al, No. 3:2005cv00304 - Document 191 (W.D. Pa. 2008)

Court Description: MEMORANDUM OPINION and ORDER granting 118 Motion for Summary Judgment; granting in part and denying in part 122 Motion for Summary Judgment - New Enterprise Stone and Lime Inc.'s Motion is Granted as to Plaintiff's claim for punitive da mages but Denied in all other regards; granting in part and denying in part 146 Motion to Dismiss - Granted as to New Enterprise and Woodham's claims for Bruce and Merrilees' direct and sole liability to Plaintiff and accordingly, paragra phs 44, 45, 50, and 51 are stricken from New Enterprise and Woodham's Third Party Complaint and the phrases "in the alternative" and "and/or jointly or severally liable to Plaintiff" are stricken from paragraphs 46 and 52 of both Third Party Complaints. To the extent Bruce and Merrilees' Motion addresses New Enterprise and Woodham's claims for contribution, the Motion is Denied, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 9/30/2008. (dlg)