Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Amoah v. McKinney

United States Court of Appeals, First Circuit

November 13, 2017

NANA AMOAH, Plaintiff, Appellant,
v.
DENNIS MCKINNEY; SMITH TRANSPORT, Defendants, Appellees.

         Appeal From The United States District Court For The District of Massachusetts Hon. Timothy S. Hillman, U.S. District Judge]

          Stephen Gordon, with whom Kenneth Onyema was on brief, for appellant.

          Matthew C. Welnicki, with whom Melick & Porter, LLP was on brief, for appellees.

          Before Howard, Chief Judge, Torruella and Barron, Circuit Judges.

          BARRON, Circuit Judge.

         This case arises from a suit for negligence that the plaintiff, Nana Amoah, brought against the driver of a tractor trailer and the company that owned the vehicle and hired the driver, after Amoah and the driver were involved in a vehicle collision that occurred in Massachusetts on October 17, 2014. The District Court granted summary judgment to the defendants after ruling favorably for the defendants on their motion to strike the plaintiff's statements of facts. For the reasons that follow, we conclude that the District Court did not abuse its discretion in ruling on the defendants' motion to strike those statements of facts, and that summary judgment in favor of the defendants, based on the record that remained, was proper. We therefore affirm.

         I.

         Amoah filed suit against defendants Dennis McKinney and Smith Transport, the appellees, in November 2014, in Worcester Superior Court, following the injuries that Amoah suffered when his car crashed on a highway in Massachusetts. Amoah alleges that the tractor trailer that McKinney was driving, and which was owned by Smith Transport, struck Amoah's car from behind and caused him to lose control and to strike a median. Amoah brought claims for negligence against both defendants, and negligent entrustment and negligent hiring against Smith Transport.

         The defendants, who countered that Amoah first lost control of his car and struck the median before bouncing off and hitting McKinney's tractor trailer, removed the case to the District Court for the District of Massachusetts based on diversity. Both parties thereafter moved for summary judgment and made motions to strike various statements of facts that the other party had offered.

         The District Court referred all of the parties' opposing motions to a Magistrate Judge. The Magistrate Judge recommended granting the defendants' motions to strike many of the facts that were set forth in Amoah's statement of facts in support of his own summary judgment motion, and the entirety of Amoah's statement of facts set forth in Amoah's opposition to defendants' summary judgment motion, including two expert reports attached as exhibits. The Magistrate Judge did so on the ground that Amoah, in offering those statements of facts, had failed to comply with Local Rule 56.1, which requires oppositions to motions for summary judgment to include "a concise statement of the material facts of record as to which the moving party contends there is no genuine issue to be tried." LR, D. Mass. 56.1. The Magistrate Judge then recommended that the defendants' motion for summary judgment be granted as there was "no contrary expert opinion as to the cause of the accident" left in the record that could counter the defendants' facts, including the defendants' expert report ("the Melcher Report") regarding the accident's cause.

         Amoah filed objections to the Magistrate Judge's report and recommendation. The District Court then adopted the Magistrate Judge's report and recommendation and entered summary judgment in favor of the defendants.

         II.

         We first consider Amoah's contention that the expert reports attached to his opposition to defendants' motion for summary judgment should not have been struck and thus that the summary judgment ruling may not stand. We review a ruling granting a motion to strike for an abuse of discretion, see Cummings v. Standard Register Co., 265 F.3d 56, 62 (1st Cir. 2001), and we find none here.

         The Magistrate Judge recommended to strike the two expert reports attached to Amoah's opposition to the defendants' motion for summary judgment because Amoah provided the expert reports to the defense nearly four months after the deadline for expert disclosures as set by a scheduling order. The Magistrate Judge found that the late disclosure was neither "substantially justified" nor "harmless" ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.