On August 02, 2019 a
Motion-Secondary
was filed
involving a dispute between
Rhodes, Vashone,
and
Exclusive Nationwide Delivery, Inc,
Gomez, James,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
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CAUSE NO. DC-l9-10926
VASHONE RHODES I THE DISTRICT COURT
§§§§§§§§
Plaintz'ffi
V. 160TH JUDICIAL DISTRICT
JAMES GOMEZ AND EXCLUSIVE
NATIONWIDE DELIVERY, INC.
Defendants. DALLAS COUNTY, TEXAS
ORDER GRANTING DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY, INC.’S
TRADITIONAL MOTION FOR SUMMARY JUDGMENT AND MOTION TO
RECONSIDER
On this _ day of , 2022, came on to be heard Defendant
Exclusive Nationwide Delivery, Inc. ’s Traditional Motion for Summary Judgment as to Plaintiff‘s
claim of Vicarious liability under the statutory employer doctrine under 390.5 of the Federal Motor
Carrier Safety Regulations (“FMCSRs”) and Motion to Reconsider the Court’s ruling on
Defendant’s Traditional Motion for Summary Judgment as to Plaintiff’s claim for respondeat
superior, and the Court, after having reviewed the motion, response, reply, briefs, and the papers
on file herein, and after having heard the arguments of counsel, is of the opinion that said motions
were well-taken and Should be in all things GRANTED.
IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that Defendant Exclusive
Nationwide Delivery, Inc.’s Traditional Motion for Summary Judgment shall be and is hereby
GRANTED in all things, and that Plaintiff’s cause of action against Defendant Exclusive
Nationwide Delivery, Inc. of vicarious liability under the statutory employer doctrine under 390.5
of the Federal Motor Carrier Safety Regulations (“FMCSRs”) is hereby dismissed;
IT IS FURTHER ORDERED, ADJUDGED, and DECREED that Defendant Exclusive
Nationwide Delivery, Inc.’s Motion to Reconsider shall be and is hereby GRANTED in all things,
ORDER GRANTING DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY, INC.’S
TRADITIONAL MOTION FOR SUMNIARY JUDGMENT AND MOTION T0 RECONSIDER PAGE 1
and that Plaintiff’s claim of respondeat superior against Defendant Exclusive Nationwide
Delivery, Inc. is hereby dismissed;
IT IS FURTHER ORDERED, ADJUDGED, and DECREED that Plaintiff take nothing
over and against Defendant Exclusive Nationwide Delivery, Inc., and that Defendant Exclusive
Nationwide Delivery, Inc. shall go hence without delay and that the parties’ taxable court costs
shall be taxed against the party incurring same.
SIGNED this day of , 2022.
JUDGE PRESIDING
ORDER GRANTING DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY, INC.’S
TRADITIONAL MOTION FOR SUNIMARY JUDGMENT AND MOTION T0 RECONSIDER PAGE 2
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Olasubomi Koiki on behalf of Randall Walters
Bar No. 20819480
olasubomi.koiki@wbclawfirm.com
Envelope ID: 68383938
Status as of 9/19/2022 1:10 PM CST
Associated Case Party: VASHONE RHODES
Name BarNumber Email TimestampSubmitted Status
Amy Witherite 788698 amy.witherite@witheritelaw.com 9/19/2022 12:28:04 PM SENT
Paige Eldridge paige.eldridge@ewlawyers.com 9/19/2022 12:28:04 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Olasubomi Koiki on behalf of Randall Walters
Bar No. 20819480
olasubomi.koiki@wbclawfirm.com
Envelope ID: 68383938
Status as of 9/19/2022 1:10 PM CST
Associated Case Party: JAMES GOMEZ
Name BarNumber Email TimestampSubmitted Status
Adam LeCrone eservice@lecronelaw.com 9/19/2022 12:28:04 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Olasubomi Koiki on behalf of Randall Walters
Bar No. 20819480
olasubomi.koiki@wbclawfirm.com
Envelope ID: 68383938
Status as of 9/19/2022 1:10 PM CST
Associated Case Party: EXCLUSIVE NATIONWIDE DELIVERY, INC
Name BarNumber Email TimestampSubmitted Status
Randall GWalters waltersedocsnotifications@wbclawfirm.com 9/19/2022 12:28:04 PM SENT
Nadine K Weatherall nadine.weatherall@wbclawfirm.com 9/19/2022 12:28:04 PM SENT
Randall GWalters randy.walters@wbclawfirm.com 9/19/2022 12:28:04 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system. The filer served this
document via email generated by the efiling system on the date and to the persons listed below.
The rules governing certificates of service have not changed. Filers must still provide a certificate
of service that complies with all applicable rules.
Olasubomi Koiki on behalf of Randall Walters
Bar No. 20819480
olasubomi.koiki@wbclawfirm.com
Envelope ID: 68383938
Status as of 9/19/2022 1:10 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
V. Paige Eldridge paige.eldridge@witheritelaw.com 9/19/2022 12:28:04 PM SENT
Craig Laird PCL@LA|RD.LAWYER 9/19/2022 12:28:04 PM SENT
PAIGE VELDRIDGE paiqe.eldridqe@ewlawyers.com 9/19/2022 12:28:04 PM ERROR
Document Filed Date
September 19, 2022
Case Filing Date
August 02, 2019
Category
MOTOR VEHICLE ACCIDENT
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CAUSE NO. DC-l9-10926 VASHONE RHODES I THE DISTRICT COURT §§§§§§§§ Plaintz'ffi V. 160TH JUDICIAL DISTRICT JAMES GOMEZ AND EXCLUSIVE NATIONWIDE DELIVERY, INC. Defendants. DALLAS COUNTY, TEXAS ORDER GRANTING DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY, INC.’S TRADITIONAL MOTION FOR SUMMARY JUDGMENT AND MOTION TO RECONSIDER On this _ day of , 2022, came on to be heard Defendant Exclusive Nationwide Delivery, Inc. ’s Traditional Motion for Summary Judgment as to Plaintiff‘s claim of Vicarious liability under the statutory employer doctrine under 390.5 of the Federal Motor Carrier Safety Regulations (“FMCSRs”) and Motion to Reconsider the Court’s ruling on Defendant’s Traditional Motion for Summary Judgment as to Plaintiff’s claim for respondeat superior, and the Court, after having reviewed the motion, response, reply, briefs, and the papers on file herein, and after having heard the arguments of counsel, is of the opinion that said motions were well-taken and Should be in all things GRANTED. IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that Defendant Exclusive Nationwide Delivery, Inc.’s Traditional Motion for Summary Judgment shall be and is hereby GRANTED in all things, and that Plaintiff’s cause of action against Defendant Exclusive Nationwide Delivery, Inc. of vicarious liability under the statutory employer doctrine under 390.5 of the Federal Motor Carrier Safety Regulations (“FMCSRs”) is hereby dismissed; IT IS FURTHER ORDERED, ADJUDGED, and DECREED that Defendant Exclusive Nationwide Delivery, Inc.’s Motion to Reconsider shall be and is hereby GRANTED in all things, ORDER GRANTING DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY, INC.’S TRADITIONAL MOTION FOR SUMNIARY JUDGMENT AND MOTION T0 RECONSIDER PAGE 1 and that Plaintiff’s claim of respondeat superior against Defendant Exclusive Nationwide Delivery, Inc. is hereby dismissed; IT IS FURTHER ORDERED, ADJUDGED, and DECREED that Plaintiff take nothing over and against Defendant Exclusive Nationwide Delivery, Inc., and that Defendant Exclusive Nationwide Delivery, Inc. shall go hence without delay and that the parties’ taxable court costs shall be taxed against the party incurring same. SIGNED this day of , 2022. JUDGE PRESIDING ORDER GRANTING DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY, INC.’S TRADITIONAL MOTION FOR SUNIMARY JUDGMENT AND MOTION T0 RECONSIDER PAGE 2 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Olasubomi Koiki on behalf of Randall Walters Bar No. 20819480 olasubomi.koiki@wbclawfirm.com Envelope ID: 68383938 Status as of 9/19/2022 1:10 PM CST Associated Case Party: VASHONE RHODES Name BarNumber Email TimestampSubmitted Status Amy Witherite 788698 amy.witherite@witheritelaw.com 9/19/2022 12:28:04 PM SENT Paige Eldridge paige.eldridge@ewlawyers.com 9/19/2022 12:28:04 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Olasubomi Koiki on behalf of Randall Walters Bar No. 20819480 olasubomi.koiki@wbclawfirm.com Envelope ID: 68383938 Status as of 9/19/2022 1:10 PM CST Associated Case Party: JAMES GOMEZ Name BarNumber Email TimestampSubmitted Status Adam LeCrone eservice@lecronelaw.com 9/19/2022 12:28:04 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Olasubomi Koiki on behalf of Randall Walters Bar No. 20819480 olasubomi.koiki@wbclawfirm.com Envelope ID: 68383938 Status as of 9/19/2022 1:10 PM CST Associated Case Party: EXCLUSIVE NATIONWIDE DELIVERY, INC Name BarNumber Email TimestampSubmitted Status Randall GWalters waltersedocsnotifications@wbclawfirm.com 9/19/2022 12:28:04 PM SENT Nadine K Weatherall nadine.weatherall@wbclawfirm.com 9/19/2022 12:28:04 PM SENT Randall GWalters randy.walters@wbclawfirm.com 9/19/2022 12:28:04 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Olasubomi Koiki on behalf of Randall Walters Bar No. 20819480 olasubomi.koiki@wbclawfirm.com Envelope ID: 68383938 Status as of 9/19/2022 1:10 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status V. Paige Eldridge paige.eldridge@witheritelaw.com 9/19/2022 12:28:04 PM SENT Craig Laird PCL@LA|RD.LAWYER 9/19/2022 12:28:04 PM SENT PAIGE VELDRIDGE paiqe.eldridqe@ewlawyers.com 9/19/2022 12:28:04 PM ERROR