Palenchar v. Jarrett

MEMORANDUM OPINION

SUSAN K GAUVEY, United States Magistrate Judge.

Currently pending before the Court is plaintiffs and counter defendant’s 1 (“plaintiffs”) Motion for Partial Summary Judgment, (Paper No. 45), and defendants and counter plaintiffs opposition thereto. (Paper No. 56). The issue is fully briefed, and a telephonic hearing was held before this Court on August 3, 2007. For the reasons discussed below, the Court DENIES plaintiffs’ Motion for Partial Summary Judgment.

I. Background and Procedural History

This case involves a collision between plaintiffs’ vehicle and defendants’ tractor…