Ups Ground Freight, Inc. v. Farran

• Citation: 990 F.Supp.2d 848
• Decision Date: 07 January 2014
• Docket Number: Case No. 3:12–cv–130.
• Parties: UPS GROUND FREIGHT, INC., Plaintiff, v. James FARRAN, Defendant.
• Court: U.S. District Court — Southern District of Ohio

990 F.Supp.2d 848

UPS GROUND FREIGHT, INC., Plaintiff,

v.James FARRAN, Defendant.

Case No. 3:12–cv–130.

United States District Court, S.D. Ohio, Western Division.

Jan. 7, 2014.

Christopher Edward Cotter, Roetzel & Andress, Marshal M. Pitchford, Akron, OH, for Plaintiff.

John M. Dunn, Reminger & Reminger LPA, Ft. Mitchell, KY, Michael M. Mahon, Cincinnati, OH, for Defendant.

DECISION AND ORDER

MICHAEL R. MERZ, United States Magistrate Judge.

This case is before the Court on Motion of Plaintiff UPS Ground Freight, Inc. (“UPS”) for Summary Judgment on the counterclaim of Defendant Transguard Insurance Company of America, Inc. (“Transguard”) (Doc. No. 40). In addition to a Response in Opposition (Doc. No. 45), Transguard has filed a what amounts to a cross-motion for summary Judgment on its counterclaim (Doc. No. 52). The parties have also filed a Joint Stipulation of Facts (Doc. No. 39).

The parties unanimously consented to plenary magistrate judge jurisdiction under 28 U.S.C. § 636(c) in their Report under Fed.R.Civ.P. 26(f) (Doc. No. 24, PageID 74, ¶ 3) and the case was referred to the undersigned on that basis by District Judge Walter Herbert Rice (Doc. No. 27).

The subject matter jurisdiction of the Court is grounded in the diverse citizenship of the parties and the amount in controversy which exceeds $75,000 exclusive of interest and costs (Complaint, Doc. No. 1, PageID 1, ¶ 5).

SUMMARY JUDGMENT STANDARD

Summary judgment is proper “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56. On a motion for summary judgment, the movant has the burden of showing that there exists no genuine issue of material fact, and the evidence, together with all inferences that can reasonably be drawn therefrom, must be read in the light most favorable to the party opposing the motion. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157–59, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Nevertheless, “the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (emphasis in original). Summary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole, which are designed to “secure the just, speedy and inexpensive determination of every action.” Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

Read together, Liberty Lobby and Celotex stand for the proposition that a party may move for summary judgment asserting that the opposing party will not be able to produce sufficient evidence at trial to withstand a directed verdict motion (now known as a motion for judgment as a matter of law. Fed.R.Civ.P. 50). Street v. J.C. Bradford & Co., 886 F.2d 1472, 1478 (6th Cir.1989). If, after sufficient time for discovery, the opposing party is unable to demonstrate that he or she can do so under the Liberty Lobby criteria, summary judgment is appropriate. Id. The opposing party must “do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). “If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted.” Liberty Lobby, 477 U.S. at 249–50, 106 S.Ct. 2505 (citations omitted). “The mere possibility of a factual dispute is not enough.” Mitchell v. Toledo Hosp., 964 F.2d 577, 582 (6th Cir.1992) (quoting Gregg v. Allen–Bradley Co., 801 F.2d 859, 863 (6th Cir.1986)). Therefore a court must make a preliminary assessment of the evidence, in order to decide whether the plaintiff's evidence concerns a material issue and is more than de minimis. Hartsel v. Keys, 87 F.3d 795 (6th Cir.1996). “On summary judgment,” moreover, “the inferences to be drawn from the underlying facts ... must be viewed in the light most favorable to the party opposing the motion.” United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962). Thus, “the judge's function is not himself to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial.” Liberty Lobby, 477 U.S. at 249, 106 S.Ct. 2505.

The moving party

[A]lways bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,” which it believes demonstrate the absence of a genuine issue of material fact.

Celotex, 477 U.S. at 323, 106 S.Ct. 2548; see also, Boretti v. Wiscomb, 930 F.2d 1150, 1156 (6th Cir.1991) (citation omitted). If the moving party meets this burden, the nonmoving party must go beyond the pleadings to show that there is a genuine issue for trial. Matsushita, 475 U.S. at 587, 106 S.Ct. 1348; Martin v. Ohio Turnpike Comm'n, 968 F.2d 606 (6th Cir.1992).

In ruling on a motion for summary judgment (in other words, determining whether there is a genuine issue of material fact), “[a] district court is not ... obligated to wade through and search the entire record for some specific facts that might support the nonmoving party's claim.” InterRoyal Corp. v. Sponseller, 889 F.2d 108, 111 (6th Cir.1989). Thus, in determining whether a genuine issue of material fact exists on a particular issue, a court is entitled to rely only upon those portions of the verified pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits submitted, specifically called to its attention by the parties.

STIPULATED FACTS

The following facts are stipulated to by the parties:

1. On December 22, 2008, Ronald Sprinkle sustained an injury to his hand while attempting a “jumping” or starting of Farran's commercial road tractor (hereinafter “Incident”). The Incident took place at Howard Truck Repair in Tipp City, Miami County, Ohio.

2. On July 13, 2010 Ronald Sprinkle initiated a lawsuit against Farran and UPS in the Miami County Court of Common Pleas, Ohio, Case No. 10–CV–00627 (the “Miami County Lawsuit”).

3. At the time of the Incident, Farran was insured under a policy of insurance issued to National Association of Independent Truckers LLC (NAIT) of which Farran was a member and a certificate holder, which is attached hereto [to Doc. No. 39] as Exhibit 1. Transguard provided a defense of Mr. Farran in the Miami County Lawsuit pursuant to the policy.

4. In the Miami County Lawsuit, Ronald Sprinkle alleged that he sustained injuries and damages as a result of the negligence of James Farran and UPS Ground Freight, including, but not limited to severe and permanent injury in the form of the partial loss of three fingers, past medical expenses in excess of $40,535.17, undetermined future medical expenses, and an undetermined loss of future income.

5. Farran and UPS denied all liability with regard to the Incident in the Miami County Lawsuit.

6. On March 17, 2011, during the pendency of the Miami County Lawsuit, UPS moved for summary judgment and sought a dismissal of all claims brought against it by Ronald Sprinkle. UPS claimed that no vicarious or other liabilities existed on the part of UPS with regard to the Incident.

7. On March 31, 2011, in connection with the Miami County Lawsuit, Farran testified in a discovery deposition. A copy of Farran's discovery deposition is attached [to Doc. No. 39] as Exhibit 2.

8. Prior to the Incident, on May 4, 2007 Farran and UPS entered into a “UPS Freight Independent Contractor Operating Agreement.” (hereinafter “Operating Agreement”). A copy of the Operating Agreement is attached hereto [to Doc. No. 39] as Exhibit 3. All references to “Equipment” in the Operating Agreement refer to the commercial road tractor referred to in Paragraph 1 of the Joint Stipulations Of Fact.

9. On June 20, 2011, UPS's Motion for Summary Judgment was denied by the Miami County Court of Common Pleas on the basis of the controlling law established by the Ohio Supreme Court decision of Wyckoff Trucking, Inc. v. Marsh Bros. Trucking Service, Inc. 58 Ohio St.3d 261, 569 N.E.2d 1049 (1991). A copy of the Miami County Court of Common Pleas' decision, denying UPS's Motion for Summary Judgment, is attached [to Doc. No. 39] as Exhibit 4.

10. At no point in time during the pendency of the Miami County Lawsuit was Farran or UPS ever adjudged to be negligent in any manner with regard to the Incident.

11. During a September 30, 2011, mediation, a fair and reasonable settlement was reached with regard to the disputed claims arising out of the Incident. The total amount accepted by Ronald Sprinkle in exchange for dismissal of all claims against Farran and UPS was $160,000. As a part of that agreement, UPS agreed to pay and paid $80,000 to Ronald Sprinkle. Transguard, on behalf of Farran, agreed to pay and did pay $80,000 to Ronald Sprinkle.

12. Pursuant to that settlement, Ronald Sprinkle, UPS, Farran and Transguard entered into a Confidential Settlement Agreement and Release (“Settlement Agreement”). An executed copy of the Settlement Agreement is attached [to Doc. No. 39] as Exhibit 5.

13. Pursuant to the Settlement Agreement, all signing parties, including UPS, Farran, and Transguard, understood and agreed that the settlement was a compromise of a doubtful and disputed claim (Settlement Agreement at ¶ 6) and that by entering into the Settlement Agreement, none of the Released Parties, namely UPS, Farran, and Transguard was admitting liability with respect to the Incident. (...