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.

Randolph v. RD Expedited, Inc.

United States District Court, M.D. Tennessee, Nashville

September 26, 2017

DIANE RANDOLPH, individually and as surviving spouse and n/o/k of RANDY RANDOLPH, deceased, Plaintiff
v.
RD EXPEDITED, INC., et al., Defendants KIMBERLY BUTLER, et al., Plaintiff
v.
RD EXPEDITED, INC., et al., Defendants DIANE RANDOLPH, individually and surviving spouse and n/o/k of Randy Randolph, deceased, Plaintiff
v.
MGR EXPRESS, INC., et al., Defendants

          BERG JUDGE

          PRELIMINARY SCHEDULING ORDER

          JOE B. BROWN UNITED STATES MAGISTRATE JUDGE

         A lengthy telephone call was held with the parties in this matter September 25, 2017. Although it appears from the docket sheet that MGR Express, Inc. and Abdulnasir Abdirizak have been served with summonses in the 1012 case on July 29, 2017 (Docket Entry 6), and August 7, 2017 (Docket Entry 10). Neither of these Defendants has filed any notice of appearance or other response in the matter. Ms. Blackburn, counsel for RD Expedited, Inc. advised that on Friday she had been contacted by an attorney in Chicago concerning MGR Express, Inc. The attorney advised that he had just been contacted and was attempting to determine what insurance coverage was involved and whether he would be representing MGR Express or if other counsel would be secured. The Chicago counsel did not participate in the telephone call on September 25, 2017. Ms. Blackburn was requested to recontact the attorney and advise him that the Court strongly suggested that he contact Plaintiffs' counsel.

         Plaintiff's counsel has not filed a motion for default, and in view of the possibility of an attorney entering an appearance, the Magistrate Judge would request that Plaintiffs' counsel not file a motion for default within 14 days of the entry of this order.

         In the two earlier cases, depositions have been scheduled in early November for witnesses represented by Ms. Blackburn. Ms. Blackburn expressed a concern that she did not want to be put in a situation where her witnesses had to be deposed twice because of the late entry of MGR Express. Hopefully, the date of the depositions can be resolved through discussion between the attorneys. It would be the Magistrate Judge's hope that the current dates, which had been worked out by all parties at the time, can be maintained.

         After discussion with the parties, it appears that these cases should be consolidated for discovery and for trial. Henceforth, the parties should file all motions in the 3:16-2271 case.

         The theory of the parties other than MGR Express and Abdulnasir Abdirizak is as follows:

A. JURISDICTION: The Court has jurisdiction pursuant to 28 U.S.C. Sec. 1332 (a)(1)-(2).

         B. BRIEF THEORIES OF THE PARTIES:

1) PLAINTIFF: Diane Randolph brings claims for negligence, negligent hiring, retention and training, gross negligence and claims for punitive damages against the defendants as a result of crash that occurred July 8th, 2016 on State Route 840 in Williamson County, Tennessee. A tractor-trailer operated by the defendant driver Abdirahmaan while employed by motor carrier RD Expedited, Inc. hit the rear of one vehicle and continued on and slammed into the rear of the Model A Ford which was driven by Randy Randolph. Mr. Randolph's Model A Ford was sent careening off the road where it struck an embankment and landed him against the embankment wall. He survived while he was pinned in the vehicle but was unable to free himself, suffering excruciating pain. He ultimately was unable to survive and later died from the injuries he suffered in this crash.

         Diane Randolph avers that RD Expedited, Inc., a motor carrier, lacked and did not enforce adequate policies to prevent distracted and fatigued driving of professional drivers. Instead, RD Expedited, Inc., reckless indifference to these practices actively encouraged and aided and/or abetted distracted, fatigued and unsafe driving, all of which contributed to cause the horrific and untimely death of Randy Randolph. Randy Randolph was a loving and respected family man and member of the Middle Tennessee Community whose life was taken by RD Expedited, Inc.

         Diane Randolph brings claims for all damages available at law and equity for physical pain and suffering suffered by Randy Randolph, loss of consortium and the pecuniary value of her husband Randy Randolph and punitive damages.

         2) DEFENDANTS: Defendants' theory:

On July 8, 2016, Abdulkadir Abdirahmaan was operating a Freightliner tractor trailer under the authority of and on behalf of RD Expedited, Inc. Defendants do not deny the vehicle operated by Abdirahmaan impacted the vehicle operated by Randy Randolph; however, Defendants deny Plaintiffs allegations against Abdirahmaan and RD Expedited, Inc. Defendants further aver that the acts and omissions of ...

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.