Opinion
Civil Action No.: 10-1713 (PGS)
03-29-2012
ANNA GAFFNEY, and EDWARD GAFFNEY, SR., Plaintiffs, v. JETBLUE AIRLINES, INC., et al., Defendants.
MEMORANDUM AND ORDER
WHEREAS on April 5, 2010, plaintiffs Anna Gaffney and Edward Gaffney (collectively "Plaintiffs") filed a complaint against JetBlue Airlines, Inc.'s ("JetBlue"); and
WHEREAS Plaintiffs' complaint states that on December 8, 2008, Ms. Gaffney tripped and fell over an unattended wheelchair at the boarding area of Gate D6 of the Fort Meyers International Airport in Fort Meyers, Florida and that as a result of the fall, Ms. Gaffney was severely injured; and
WHEREAS Plaintiffs claim that Ms. Gaffney's injuries were caused by JetBlue's negligence; and
WHEREAS Defendants moved for summary judgment [Docket Entry No. 25], arguing, among other things, that Plaintiffs have not met their burden of proving that Ms. Gaffney's injuries were caused by JetBlue's negligence, see Opp'n Br. 13-16 (citing Vuocolo v. Diamond Shamrock Chemicals Co., 473 A.2d 196 (N.J. Super. Ct. App. Div. 1990); and
WHEREAS Plaintiffs have not produced any evidence from medical doctors that Ms. Gaffney's injuries were caused by or related to her fall as opposed to her preexisting conditions; and
WHEREAS fact discovery in this matter was closed as of April 8, 2011 [Docket Entry No. 22];
IT IS on this 26th day of March, 2012,
ORDERED that JetBlue's motion for summary judgment [Docket Entry No. 25] is granted; and
ORDERED that Plaintiffs' complaint is dismissed without prejudice and this case is closed.
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PETER G. SHERIDAN, U.S.D.J.