Gardner v. Federal Express Corp.

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT

THELTON E. HENDERSON, District Judge

This matter is before the Court on the Parties’, motions for summary judgment. After carefully considering the Parties’ written- and oral arguments, the Court hereby GRANTS IN PART AND DENIES IN PART the motions for summary judgment, as set forth below.

BACKGROUND

Plaintiff Robert Gardner was a full-time Ramp Transport Driver (RTD) at the Oakland yard facility of Defendant Federal Express Corporation (“FedEx”) when he suffered an on-the-job injury to his neck and shoulder on January 30,…