Defoe v. Phillip

AMENDED MEMORANDUM OPINION AND ORDER ON MOTION FOR SUMMARY JUDGMENT1

(February 12, 2009)

This case is before the Court on Defendant’s Motion for Summary Judgment.

*36The facts are not in dispute. On October 27, 2007, Timothy Defoe and Lenroy Phillip were employees of HOVENSA. Defoe, whose shift was ending, was walking to the HOVENSA Refinery gate when he was struck by a HOVENSA-owned vehicle operated by Phillip. The vehicle was assigned to Philip’s shift supervisor, and Phillip had used it to take another HOVENSA employee to the Refinery’s Administration Building. He was returning to his work…