Motion,Ex Parte: VASHONE RHODES vs. JAMES GOMEZ, et al

• 
• 
• 
• 

						
                                
Preview
                                CAUSE NO. DC- 1 9—10926"‘

     VASHONE RHODES                                        §             IN THE DISTRICT COURT
         Plantijfi                                          §
                                                           §
     V.                                                    §             160m JUDICIAL   DISTRICT
                                                           §                                       .V




     JAMES GOMEZ AND EXCLUSIVE                             §
     NATIONWIDE DELIVERY, INC.                             §
                                                                                     4




            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 Plaintiffs 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
                                                                                                                 A




     Nationwide Delivery, Inci’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;

            I'l‘I‘S—F-I-l    ER ORDERED, ADJUDGED,                 and   DECREED   that Defendant Exclusive

Wm                                        to Reconsider shall be and‘13 e                 TED in all things,


     ORDER GRANTING DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY, INC.’S
     TRADITIONAL MOTION FOR SUMMARY JUDGMENT AND MOTION T0 RECONSIDER                                   PAGE l
and that PiaimifsgtEeréiinefif‘tié"""       -éi7":‘eat3m4§uperlor   against Defendant Excluswe Nationwide

        y, Inc. is hereby dismissed;

        IT IS FURTHER ORDERED ADJUDG D,                            and   DECREED       t   at9lee   nothing

0 erand—agamstgDefe              t Exclusive      ion i 6 Delivery, Inc., and that Defendant Exclusive

Nationwide Deli          , nc.   shall go hence without delay and‘that\the parties’ taxable court costs
                                                                         I



shal   e.   taxed against the party incurring same.




                          SIGNED this/$0” day of               M;            {44:95,       ,2022.




                                                               JUDGE PRESIDING.




ORDER GRANTING DEFENDANT EXCLUSIVE NATIONWIDE DELIVERY, INC.’S
TRADITIONAL MOTION FOR SUMMARY JUDGMENT AND MOTION TO RECONSIDER-                                   PAGE 2