Summary
denying summary judgment where "plaintiff was traveling between 35 and 40 miles per hour in a 30 mile-per-hour zone and may have been talking on a cell phone at the time of the accident. This evidence raises a triable issue of fact as to whether plaintiff's speed and/or inattentiveness contributed to the accident."
Summary of this case from Martin v. BeightOpinion
08-CV-0097A.
February 18, 2010
ORDER
The above-referenced case was referred to Magistrate Judge H. Kenneth Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B). On January 27, 2010, Magistrate Judge Schroeder filed a Report and Recommendation, recommending that plaintiff's motion for partial summary judgment as to the issue of negligence and proximate cause be denied.
The Court has carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Schroeder's Report and Recommendation, plaintiff's motion for partial summary judgment is denied.
The case is referred back to the Magistrate Judge for further proceedings.
SO ORDERED.