Christopherson v. Polovinka and R & M Transportation Inc.

Summary

The United States District Court for the Western District of Pennsylvania granted Defendants’ motion for summary judgment in a negligence action arising from a motor vehicle collision involving a deer. The Court held that Plaintiff failed to present affirmative evidence that the driver was negligent, and therefore also rejected the derivative vicarious-liability claim against the employer.

Holdings

1. Summary judgment was proper because plaintiff failed to identify affirmative evidence from which a reasonable jury could find that Polovinka breached the applicable standard of care.
2. The court did not need to decide whether Pennsylvania's sudden-emergency doctrine precluded the negligence claim because plaintiff failed to produce sufficient evidence of negligence in the first instance.
3. R & M Transportation was entitled to summary judgment on the vicarious-liability claim because the underlying negligence claim against Polovinka failed.
4. Summary judgment was granted on Count III because plaintiff conceded that defendants' motion should be granted as to that claim.

Questions Presented

1. Whether defendants were entitled to summary judgment because plaintiff lacked affirmative evidence that Polovinka drove negligently.
2. Whether R & M Transportation could be held vicariously liable when the direct negligence claim against its employee, Polovinka, failed.
3. Whether summary judgment should be granted on plaintiff's negligent hiring, training, and supervision claim, which plaintiff conceded.

Disposition

dismissed