Malaquias v. Borges

Kenton-Walker, Janet, J.

Defendant Abilio A. Borges (“Borges”) moves the court to enter summary judgment in his favor on Count I (Wrongful Death— Negligence), Count II (Wrongful Death — Gross Negligence or Malicious, Wilful, Wanton, or Reckless Conduct), and Count III (Conscious Suffering) of the complaint filed by the plaintiffs, Lisette M. Malaquias and James S. Malaquias (collectively, “plaintiffs”), as administrators of the estate of Michael J. Malaquias (“Malaquias”). The plaintiffs’ claims arise out of an accident in which Malaquias died while operating a dump truck Borges owned and…