Johnson v. United Air Lines, Inc.

Full title: JOSEPH R. JOHNSON, Plaintiff, v. UNITED AIR LINES, INC., a Delaware…

Court: United States District Court, D. Oregon

Date published: Aug 27, 2006

Civil No. 04-1382-TC (D. Or. Aug. 27, 2006)

Opinion

Civil No. 04-1382-TC.

August 27, 2006

ORDER

MICHAEL HOGAN, District Judge

Defendant's motion (#47) for summary judgment is denied. Defendant owed a duty to plaintiff and genuine issues of material fact preclude granting summary judgment at this time.

Even if there were not manifest factual disputes present, it would be better to proceed to a full trial because in the circumstances of this case a fuller record will afford a more substantial basis for decision. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S. Ct. 2505, 2513 (1986); Anderson v. Hodel, 899 F.2d 766, 770-771 (9th Cir. 1990).

Conclusion

Defendant's motion (#47) for summary judgment is denied.