Slater v. Skyhawk Transportation, Inc., Civil Action No. 97-1853 (D. N.J. 5/4/1999)
| Decision Date | 04 May 1999 |
| Docket Number | Civil Action No. 97-1853 |
| Parties | BRANTLEY SLATER, Plaintiff, v. SKYHAWK TRANSPORTATION, INC., MARK YOUNG, S.D. WARREN PAPER COMPANY, XYZ CORPORATION, ABC PARTNERSHIP, MARY DOE, and JOHN DOE, Defendants, and SKYHAWK TRANSPORTATION, INC., and MARK YOUNG, Third Party Plaintiffs, v. S.D. WARREN PAPER COMPANY and RECO CONSTRUCTORS, INC., Third-Party Defendants. |
| Court | U.S. District Court — District of New Jersey |
Gerald M. Eisenstat, Esq., Eisenstat, Gabage, Berman & Furman, P.C., Vineland, NJ, Attorneys for Plaintiff, Brantley Slater.
Richard W. Yost, Esq., John M. Campbell, Esq., Yost & Tretta, Esqs., Haddonfield, NJ.
Bennnet I. Bardfeld, Esq., Vineland, NJ, Attorneys for Defendants, Skyhawk Transportation, Inc., and Mark Young.
Joseph M. Assan, Esq., Law Offices of Thomas Dempster III, Centerpointe at East Gate, Mt. Laurel, NJ, Attorneys for Defendant and Third Party Defendant, S.D. Warren Paper Company.
James Francis Supple, Esq., Fitzpatrick, Reilly, Supple & Gaul, Murray Hill Office Center, New Providence, NJ, Attorneys for Third Party Defendant, Reco Constructors, Inc.
This case involves a complex and, at times, seemingly convoluted, mélange of often misunderstood legal issues, including choice of law, third party practice, Rule 11 sanctions, and a survey of the law of negligence of Michigan, New Jersey, and Virginia. In an effort to speed this case to trial, I have resolved all pending motions in an omnibus opinion that only mirrors in breadth what it treats in depth.
Defendant and Third Party Defendant, S.D. Warren Paper Co. ("S.D. Warren"), has filed a motion to dismiss the Amended Complaint of Plaintiff, Brantley Slater ("Slater"), which alleges that, on May 8, 1995, Slater was injured when struck by a tractor trailer. In response to S.D. Warren's motion to dismiss, Slater filed a cross-motion to amend his complaint nunc pro tunc. In his Amended Complaint, Slater alleges that S.D. Warren, the owner of the paper mill at which the accident occurred, Defendant, Skyhawk Transportation, Inc. ("Skyhawk Transportation"), the owner of the truck, and Defendant, Mark Young ("Young"), the driver of the truck, are all jointly and severally responsible, and, therefore, liable, for his injuries. Skyhawk and Young (collectively, "Skyhawk") have also filed a motion for summary judgment, arguing that they were not at fault.1 Third Party Defendant, Reco Constructors, Inc. ("Reco"), Slater's employer at the time of the incident which Skyhawk claims is liable for the accident, has also filed a cross-motion for summary judgment, claiming that it, too, was not at fault. This Court has jurisdiction over this case pursuant to 28 U.S.C. § 1332, as there is complete diversity of citizenship between the parties and the amount in controversy is in excess of $ 75,000, exclusive of interest and costs.
For the reasons set forth below, I hold that no conflict of law exists and, therefore, I will apply the law of Michigan, New Jersey, and Virginia to the issues presented by the parties in their various motions. Upon application of the law of these three states, I find that Slater's claims against S.D. Warren are time-barred. Further, I find that Slater's claims against S.D. Warren do not relate back to the filing of the original complaint, because, among other reasons, Slater did not amend to correct "a mistake concerning the identity of the proper party." See Fed. R. Civ. P. 15(c)(3)(B). Accordingly, I will dismiss Slater's claims against S.D. Warren and deny Slater's motion to amend nunc pro tunc as futile. Additionally, because I have found that counsel for Slater may have failed to conduct a reasonable inquiry into the law before filing the Amended Complaint, I will enter an Order to Show Cause, directing Gerald M. Eisenstat, Esq., counsel for Slater, to show cause whether he has violated Rule 11(b)(2) of the Federal Rules of Civil Procedure, and what sanctions, if any, should be imposed.
I also find that this Court does not have subject matter jurisdiction over Skyhawk's allegations, contained in its two third party complaints, that S.D. Warren and Reco each are directly and solely responsible for Slater's injuries, because Rule 14(a) of the Federal Rules of Civil Procedure only permits allegations of derivative liability. Accordingly, I will dismiss Skyhawk's Third-Party Complaints against S.D. Warren and Reco to the extent that they allege direct and sole liability.
I further find that the summary judgment record contains numerous genuine issues of material fact. As a result, I will deny Skyhawk's motion for summary judgment and Reco's cross-motion for summary judgment.
In May of 1995, Slater was working for Reco as a welder. Slater Dep. Tr. at 34-37. Reco had entered into a contract with S.D. Warren, a paper manufacturer, "to provide materials and services necessary to repair a tank located on [S.D. Warren's] premises in Muskegon[, Michigan]." Certification of Kate T. Gallagher ("Gallagher Cert."), filed Oct. 21, 1998, ¶ 3; see also Plaintiff's Rule 56.1 Statement of Material Facts ("Plaintiff's Statement"), filed Feb. 22, 1999, Ex. B (S.D. Warren Purchase Order purchasing Reco's repair services); Motion of Defendants, Skyhawk Transportation, Inc., and Mark Young, for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56 ("Skyhawk's Motion"), filed Feb. 22, 1999, Ex D (General Agreement between S.D. Warren and Reco).
To complete the repair project, Reco sent Slater, as well as Larry Worsham, Alan North, James Largen, John Best, and Fred Croft, to the repair site. Worsham Dep. Tr. at 209.2 Reco, through its subsidiary, American Galvanizing, also subcontracted with Skyhawk Transportation to deliver a load of steel plates, by tractor trailer, from Folsom, New Jersey, to the S.D. Warren plant in Michigan, for use in the repairs. See Gallagher Cert. ¶ 3; see also Plaintiff's Statement, Exs. C (Bill of Lading) & D (Skyhawk Transportation Invoice for American Galvanizing); Corson Dep. Tr. at 66-68.
Mark Young, who drove the Skyhawk Transportation truck that carried this load of steel to Muskegon, testified that when he arrived at the S.D. Warren premises at 7 a.m. on May 8, 1995:
[T]here was someone when I pulled in[to] the gate. An individual asked me who was I unloading for, and I said, RECO Construction. And he said, Pull over to the fence and when everybody gets here, they will come out and let you know where they want you to go.
Young Dep. Tr. at 102. Young waited between forty-five minutes and two hours for the Reco employees to tell him to move his truck so that the Reco repair crew could unload it. Id. at 110. Then, Young Id. at 127; see also Gallagher Cert. ¶ 3 (); Young Dep. Tr. at 293 (). James Largen served as the "spotter" and directed Young as he backed the truck into the spot in which Reco employees would unload it. Largen Dep. Tr. at 57-59. The Reco spotters were guiding Young so that he would back his truck up to a large slate steel toolbox, or "gang box," that was adjacent to the tank that Reco had contracted to repair. See Slater Dep. Tr. at 151; see also Largen Dep. Tr. at 69, 72; Young Dep. Tr. at 149-50. Largen testified that he checked behind the truck twice and "didn't see nobody," but then "the steel got in [his line of vision, so he] was just going to let [Young] bump" the gang box back behind the truck. Largen Dep. Tr. at 63.
Unfortunately, as Young was driving the truck back towards the gang box, Slater was standing behind the truck "getting rods to put in the rod oven." Worsham Dep. Tr. at 228; see also Largen Dep. Tr. at 65-67, 74. Alan North, who was standing on the right side of the truck, noticed that Slater had been pinned between the truck and the gang box and "hollered at" Largen, who signaled to Young to stop and "back up." Id. at 66. Slater, according to Young and Largen, appeared hurt or in pain. See Largen Dep. Tr. at 75; Young Dep. Tr. at 204. Worsham, the head of the project for Reco, then drove Slater to the hospital. See Worsham Dep. Tr. at 274-75.
The parties dispute the manner in which Young backed up to the gang box. In his deposition, Young testified that he "could see out [the sideview] mirror" and that he could see two Reco "spotters" out his left window, directing him back into the spot. Young Dep. Tr. at 138, 192. Young also testified that he could see the people directing him through his mirror and by looking at them directly. See id. at 192. Young further testified that his view of the area behind the truck was completely blocked by the tank to his right and rear, see id. at 194, 196, but he continued to look in his right sideview mirror "a few times" anyhow. Id. at 194-95. Young's attempts to check his right sideview mirror did not assist him, because he "[couldn't] see nothing [sic] on [that] side." Young Dep. Tr. at 204. Young's line of vision was totally blind to the right and the rear. See id. at 203. As Young testified, Id. at 202.
Young also described the precautions that he took before backing up his truck toward the gang box. Young testified that, while he did not have an audible beeper to sound while he drove in reverse, he believes that he did turn on flashing lights on the truck's trailer as he reversed. Id. at 130-31, 135. While Young could not see behind him, he...
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