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Motor Vehicle | Idaho
Status Report
STATUS REPORT JOINT by Sergey Klimenko. (Turnbull, Douglas Brett)
Memorandum & Opinion ~Util - Terminate Motions ~Util - Set Deadlines
MEMORANDUM DECISION AND ORDER - Plaintiffs Motion for Spoliation Sanctions (Dkt. 45 ) is GRANTED, Plaintiffs Motion for Partial Summary Judgment (Dkt. 46 ) is DENIED as to Plaintiffs claim against Rodriguez for Negligence (Count I) and is GRANTED in that the Court rules Glanbia is vicariously liable for Rodriguezs alleged negligence under the theory of respondeat superior and that Rodriguezs guilty plea to a violation of Idaho Code § 49-4101(3) establishes the elements of duty and breach for purposes of Negligence (Count I) Defendants Motion for Summary Judgment (Dkt. 59 ) is GRANTED as to Plaintiffs claim for Negligence against Glanbia (Count Five) which is dismissed, and it is DENIED in all other respects. Plaintiffs Motion to Amend Complaint to Add Claim for Punitive Damages (Dkt. 58 ) is DENIED. The parties agreed to mediate this case and the Court adopted that stipulation (see, e.g., Dkt. 41 ). Accordingly, the parties shall provide a status report within thirty (30) days after the entry of this Memorandum Decision regarding their efforts to mediate this case. Signed by Judge Amanda K Brailsford. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
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