Summary
denying summary judgment where the plaintiff testified he saw no substance on floor prior to falling, but after falling, observed some substance and he "could smell the odor of diesel fuel"
Summary of this case from Peals v. Quiktrip Corp.Opinion
No. 5:08CV193.
September 18, 2009
MEMORANDUM ORDER
The above-entitled and numbered civil action was heretofore referred to United States Magistrate Judge Caroline M. Craven pursuant to 28 U.S.C. § 636. The Report of the Magistrate Judge which contains her proposed findings of fact and recommendations for the disposition of such action has been presented for consideration. No objections were filed to the Report and Recommendation. The Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct. Therefore, the Court hereby adopts the Report of the United States Magistrate Judge as the findings and conclusions of this Court. Accordingly, it is hereby
ORDERED that Motion for Summary Judgment as to Valero Energy Corporation (Dkt. No. 12) is GRANTED. It is further
ORDERED that Motion for Summary Judgment as to Big Diamond Corporation (Dkt. No. 13) is DENIED.