Opinion
CV-23-08570-PCT-MTL
04-08-2024
Kerry McKelvey, Plaintiff, v. Mitchell Miller Humphries, et al., Defendants.
ORDER
MICHAEL T. LIBURDI UNITED STATES DISTRICT JUDGE
Before the Court is Defendants' Motion for Partial Summary Judgment (Doc. 23). The motion is fully briefed. (Docs. 23, 27, 30.)
In its motion, Defendants ask the Court to adopt McHaffie v. Bunch, 891 S.W.2d 822 (Mo. 1995), for the proposition that “once an employer admits respondeat superior liability for a driver's negligence, it is improper to allow a plaintiff to proceed against the employer on other theories of imputed liability.” (Doc. 23 at 6 (emphasis removed).) The Court ordered the parties to file supplemental briefs addressing whether the Court should deny without prejudice Defendants' motion so that they may refile a motion for summary judgment after the Arizona Supreme Court decides Roaf v. Rebuck Consulting, et al., CV-23-0233-PR. (Doc. 32.)
Both parties agree that the pending Arizona Supreme Court decision for Roaf may control the issues in Defendants' motion. (Docs. 33, 34.) Defendants argue that the Court should not deny without prejudice their motion because it is not judicially efficient under Rule 1, Fed.R.Civ.P. (Doc. 33 at 2.) This argument, however, is unpersuasive. The arguments made in the pending motion will likely require modification once the Arizona Supreme Court issues the Roaf decision.
Accordingly, IT IS ORDERED denying with leave to refile Defendants' Motion for Partial Summary Judgment (Doc. 23).