Opinion
CIVIL ACTION NO. 17-10855-NMG
06-04-2019
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