Legal Opinion

Merker Ex Rel. Estate of Merker v. Miami-Dade County Florida

District Court, S.D. Florida

Decided April 27, 2007No. 06-21652CIVPublishedCited by 3 opinions

1Opinion of the Court

ORDER GRANTING IN PART DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS AND/OR SUMMARY JUDGMENT AS TO PLAINTIFF’S ADA CLAIM AND REMANDING STATE WRONGFUL DEATH CLAIM TO STATE COURT

SEITZ, District Judge.

THIS MATTER is before the Court upon Defendant’s Motion for Judgment on the Pleadings, or, Alternatively, Motion for Summary Judgment [DE-24] and Plaintiffs Motion for Partial Summary Judgment [DE-22]. Plaintiff Manuel Merker (“Plaintiff’) initially filed this case in the state circuit court against Defendant Miami-Dade County (“Defendant” or “County”) after his wife was thrown from her…

2Cases cited21 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  5. Jessie Walker v. Thomas E. Darby, Hugh L. Robinson, Jr., and Kenneth DayCourt of Appeals for the Eleventh Circuit · 1990

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3Cited by3 opinions

  1. Melvin Morriss, III v. BNSF Railway CompanyCourt of Appeals for the Eighth Circuit · 2016
  2. Ivey v. District of ColumbiaDistrict of Columbia Court of Appeals · 2008
  3. Longhini v. Power One Professional and Medical Center Condominium Association, Inc.District Court, S.D. Florida · 2022

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