Hale v. Pan Am Rys., Inc.

Full title: MICHAEL HALE and ALLA HALE, Plaintiffs, v. PAN AM RAILWAYS, INC.…

Court: UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Date published: Jun 4, 2019

CIVIL ACTION NO. 17-10855-NMG (D. Mass. Jun. 4, 2019)

Opinion

CIVIL ACTION NO. 17-10855-NMG

06-04-2019

MICHAEL HALE and ALLA HALE, Plaintiffs, v. PAN AM RAILWAYS, INC., AMERICOLD LOGISTICS LLC, and CRYO-TRANS, INC., Defendants.

Nathaniel M. Gorton, USDJ

REPORT AND RECOMMENDATION ON DEFENDANT CRYO-TRANS' MOTION FOR ENTRY OF SEPARATE JUDGMENT DEIN, U.S.M.J.

I. INTRODUCTION

Plaintiffs Michael Hale and Alla Hale brought this action against Pan Am Railways, Inc. ("Pan Am"), Americold Logistics LLC ("Americold") and Cryo-Trans, Inc. ("Cryo-Trans") (collectively, "defendants"), alleging negligent operation of a railcar that led to an accident which significantly injured Mr. Hale. (See Docket No. 45 ("Amended Complaint") ¶¶ 18, 21, 24, 33). These injuries allegedly prevented him from returning to work and caused him to become partially disabled. (Id. ¶ 18). Mrs. Hale asserts a claim for loss of consortium as a result of her husband's injuries. (Id. ¶ 36).

The alleged accident occurred in the course of Mr. Hale's employment at C&S Wholesale Grocers ("C&S"). (See id. ¶ 8). Mr. Hale alleges that on February 3, 2015 he was instructed to

Report and Recommendation accepted and adopted. Nathaniel M. Gorton, USDJ 6/4/19