Hathaway v. Cintas Corporate Services, Inc.

OPINION AND ORDER

JAMES T. MOODY, District Judge.

Defendant Cintas Corporate Services #2 d/b/a Cintas Corporation (“Cintas”) has moved for summary judgment on Counts I, II, and III of plaintiffs’ complaint. (DE # 105.) For the following reasons, that motion is granted in part and denied in part.

I. Facts and Procedural History1

Plaintiff Rex Hathaway was employed as a welder/plasma torch operator at Quik Cut, Inc. (“Quik Cut”), a welding/plasma cutting company located in Allen County, IN. On February 12, 2009, Mr. Hathaway was operating a Pro Cut 80 plasma cutter, which was manufactured by…