Estate of Embry v. Geo Transportation of Indiana, Inc.

OPINION

BERTELSMAN, District Judge.

This is a wrongful death action in which federal jurisdiction is based on diversity. The court previously entered an order granting plaintiffs’ motion for partial summary judgment on the question of the applicability of the “blackout” defense. The court now issues its written opinion setting forth the reasoning for that ruling.

Factual and Procedural Background

This case arises out of an automobile collision that occurred on June 6, 2002.

Norma Young, Amber Young, Heather McNay, Evan Embry, and Brandon Perry were passengers in a minivan traveling southbound on…