Small v. Welldyne, Inc. ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:16-CV-62-BO MICHAEL A. SMALL, Administrator of _) the Estate of Bertha Autry Small, deceased, ) ) Plaintiff, ) ) V. ) ORDER ) WELLDYNE, INC., a Florida Corporation, ) etal, ) ) Defendants. ) This cause comes before the Court on the WellDyne defendants’ (defendants) motion for a ruling on their request for entry of summary judgment in their favor on plaintiffs claims for negligence per se and punitive damages made in their original motion for summary judgment. [DE 186]. Following the filing of defendants’ motion, plaintiff stipulated to the dismissal of his negligence per se claims. [DE 187]. Plaintiff separately responded to defendants’ motion as to his claim for punitive damages, asking the Court to deny defendants’ request for entry of summary judgment on this issue. [DE 189]. As they have been dismissed, the Court need not consider whether defendants are entitled to summary judgment in their favor on plaintiff's negligence per se claims. The Court will reserve for trial a ruling on whether plaintiff is entitled to recover punitive damages. See Martin v. MCAP Christiansburg, LLC, 143 F. Supp. 3d 442, 449 (W.D. Va. 2015). Defendants’ motion for summary judgment on this issue is therefore denied without prejudice to their making a motion pursuant to Fed. R. Civ. P. 50 at the appropriate time. Defendants’ motion requesting a ruling on these issues [DE 186] is GRANTED. It is further ORDERED that the jury trial in this matter shall commence on Tuesday, January 21, 2020, at 10:00 a.m. at the United States Courthouse, 310 New Bern Avenue, Raleigh, North Carolina. SO ORDERED, this _, 3 day of December, 2019. eattete/ Be TERRENCE W. BOYLE CHIEF UNITED STATES DISTRICT JUDGE