McCutchen v. Valley Home, Inc.

MEMORANDUM OF OPINION

L. SCOTT COOGLER, District Judge.

Before the Court is Defendants Valley Home, Inc. and Paul H. Johnson’s motion for partial summary judgment. (Doc. 33.) The Court has also received Plaintiffs motion for ore tenus hearing. (Doc. 34.) For the reasons stated below, the motion for partial summary judgment is due to be granted in part and denied in part, and the motion for ore tenus hearing is due to be denied.

I. Background1

On August 6, 2013, Defendant Paul Johnson (“Johnson”) was driving a loaded tractor-trailer rig weighing approximately 74,000 pounds as part of a multi-day…