Roscoe Prosser v. Stam Express and Paul Laskaris

Summary

The court grants Roscoe Prosser’s motion for leave to file a second amended complaint under Federal Rule of Civil Procedure 15(a)(2). The court denies as moot the defendants’ partial summary judgment motion concerning claims that were removed from the amended complaint and sets the matter for trial during the May 2026 Valdosta Division trial term.

Holdings

1. Leave to amend should be granted because Rule 15(a)(2) provides that courts should freely give leave when justice so requires, and leave was appropriate under the circumstances.
2. Defendants' motion for partial summary judgment was denied as moot as to the claims for negligent hiring, training, and supervision, punitive damages, and attorneys' fees because those claims had been properly dismissed through the amended complaint.

Questions Presented

1. Whether Plaintiff should be granted leave under Federal Rule of Civil Procedure 15(a)(2) to file a second amended complaint removing specified claims.
2. Whether Defendants' partial summary-judgment motion should be denied as moot after those claims were properly dismissed through the amended complaint.

Disposition

other