United States District Court,
M.D. North Carolina.
Linda SNOW, Marion Woodson, and Joel Snow, Personal Representatives of the
Estate of Mary B. Snow, Plaintiffs,
v.
Jose M. ONEILL, Meyer’s Bakeries, Inc., and Mcc Transportation, Inc.,
Defendants.
Civil No. 1:04CV00681.
June 5, 2006.
MEMORANDUM OPINION
BULLOCK, District Judge.
This diversity case arises out of a traffic accident which occurred in Caswell County, North Carolina, and caused the death of Plaintiffs’ decedent, Mary B. Snow. Plaintiffs bring claims for negligence, gross negligence, and willful and wanton negligence against all Defendants and claims for negligent hiring, retention, supervision, and training against the corporate Defendants. The corporate Defendants admit negligence by their driver, Defendant Oneill, but deny proximate cause, assert the affirmative defense of Plaintiffs’ decedent’s contributory negligence, deny gross negligence, deny willful and wanton negligence, and deny the negligent hiring, retention, supervision, and training allegations against them.
This case is before the court on motions by both the Plaintiffs and Defendants: (1) Plaintiffs’ motion for partial summary judgment on the issue of Defendant Oneill’s gross or willful or wanton negligence and (2) Defendants’ motion for summary judgment on all claims. For the reasons set forth below, these motions will be denied except the corporate Defendants’ motion for summary judgment on Plaintiffs’ negligent hiring claim, which will be granted.
FACTS
Defendant Jose M. Oneill, a resident of Florida, was hired as a truck driver by Defendants Meyer’s Bakeries, Inc., and MCC Transportation, Inc. (the corporate Defendants) in February 2001. [] The corporate Defendants provided Oneill the tractor trailer truck (including all required safety implements) that he was driving north on U.S. Highway 29 in Caswell County, North Carolina, on January 26, 2003. At about 8:30 that morning Defendant Oneill felt tired and pulled the truck onto the shoulder of the four-lane highway and parked the cab and a small portion of the trailer under an overpass, completely out of the lanes of travel. Oneill kept the truck’s engine running and its running lights on, and then climbed into the truck’s sleeping berth and went to sleep. The trailer was marked with red marking tape having the lettering “Xtra Lease” on the back. Oneill did not turn on the hazard lights or employ the three reflective triangles that were required to be placed along the shoulder of the highway at certain distances ahead of and behind the parked truck. According to Oneill he planned to sleep for about fifteen minutes but did not awaken for 3-1/2 hours, when he felt the impact from Plaintiffs’ decedent’s vehicle hitting the rear of the truck.
The corporate Defendants are organized and existing under the laws of the State of Arkansas and have their principal places of business in Arkansas. Decedent’s estate is being probated in Virginia.
At the same time and place, Mary B. Snow, a 73-year-old resident of Virginia, was driving her motor vehicle north on U.S. Highway 29. It appears that Snow drove her vehicle at full highway speed along the shoulder of Highway 29 directly into the rear of Oneill’s parked truck. Snow’s car was embedded under the tractor trailer by more than ten feet, and she died at the scene.
Oneill knew that there was a rest area approximately 1-1/2 to 2 miles further north on Highway 29 where he could have parked to rest. At the time he pulled to the shoulder he was not experiencing any mechanical trouble with the truck. The highway’s lanes were marked clearly by solid exterior lateral foglines on each side and a broken dividing line in the center. The shoulder was paved and ended in grass. The accident occurred in clear, cold weather at about noon. The parties agree that it had snowed earlier in the week, but disagree about whether there was any residual snow in the roadway or on the shoulder at the time of the accident. Nevertheless, the core facts about how the accident happened are not in serious dispute.
