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Emiabata v. P.A.M. Transport, Inc.

United States District Court, E.D. Kentucky, Northern Division

March 27, 2019

PHILIP EMIABATA PLAINTIFF
v.
P.A.M. TRANSPORT, INC. DEFENDANT

          MEMORANDUM OPINION AND ORDER

          William O. Bertelsman United States District Judge.

         Plaintiff Philip Emiabata, proceeding pro se, filed this action on March 27, 2018 against P.A.M. Transport Inc. (“P.A.M.”) alleging that an agent of P.A.M. collided with a semi-truck owned by Plaintiff. (Doc. 1). Plaintiff seeks damages for repair of the truck, truck rental costs, lost revenue and wages.[1]

         This matter is before the Court on P.A.M.'s motion for summary judgment (Doc. 30), Plaintiff's “motion” in opposition to P.A.M.s response (Doc. 39), Plaintiff's motion to strike affirmative defenses (Doc. 49), and Plaintiff's motion for sanctions (Doc. 50).[2]

         The Court has reviewed this matter and concludes that oral argument is unnecessary.

         Factual and Procedural Background

         On or about March 10, 2016, Plaintiff's 2004 Volvo semi-truck was involved in an accident. Plaintiff alleges that a driver of P.A.M.'s tractor trailer # 34776 (changed to # 34476 in Doc. 44) backed into Plaintiff's semi-truck while parked at the Travel Authority gas station located at 145 Richwood Rd. in Walton, Kentucky. (Doc. # 1, Compl. P. 3, ¶ 2).

         Plaintiff alleges that after P.A.M.'s driver backed into his semi-truck, the driver left the scene without notifying anyone. (Doc. # 1, Compl. P. 3, ¶ 3). Plaintiff did not witness the accident, but he alleges that he was notified of damage to his truck by a manager of the Travel Authority. The Travel Authority manager was in turn notified by a witness of the accident identified only as a good Samaritan. (Doc. # 1, Compl. P. 3, ¶ 3).

         Plaintiff filed a police report (#16003553) and called P.A.M. to report the accident. Plaintiff states he spoke with P.A.M.'s agent “Bruce.” Plaintiff alleges that “Bruce” initially stated that P.A.M.'s truck was not located in Walton at the time of the accident, but upon further investigation P.A.M.'s agent discovered the truck really had been at the Travel Authority in Walton. (Doc. # 1, Compl. P. 3, ¶ 4).

         Plaintiff states he was then given P.A.M.'s safety department number and asked to call “Missy.” “Missy” requested photos of the damage to the truck. After not hearing from P.A.M. after submitting the photos, Plaintiff filed a claim with his insurance company. (Doc. # 1, Compl. P. 4, ¶ 1).

         P.A.M. has now moved for summary judgment on the ground that Plaintiff has failed to adduce any admissible evidence in support of his claims. The motion is fully briefed and ripe for decision.

         Analysis

         Summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). Once the movant has met his initial burden of demonstrating the absence of a genuine issue of material fact, the nonmoving party then must set forth specific facts showing that there is a genuine issue for trial. Fed.R.Civ.P. 56(c)(1).

         The Sixth Circuit has “made clear that non-prisoner pro se litigants are treated no differently than litigants who choose representation by attorneys.” Bass v. Wendy's of Downtown, Inc., 526 Fed.Appx. 599, 601 (6th Cir. 2013).

         In support of his claims, Plaintiff offers only third-party statements as evidence that P.A.M., through its agent, is responsible for the damage to his property. There is no question this testimony ...


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