MAHAR v. U.S. XPRESS ENTERPRISES, INC.

No. 1:06-cv-1297 (GLS*RFT).

688 F.Supp.2d 95 (2010)

Cornelius MAHAR and Maureen Mahar, Plaintiffs, v. US XPRESS ENTERPRISES, INC.; US Xpress Leasing, Inc.; Xpress Global Systems, Inc.; and Gloria V. Morgan, Defendants/Third-Party Plaintiffs, v. Polsinello Fuels and Polsinello Fuels, Inc., Third-Party Defendants.

United States District Court, N.D. New York.

February 24, 2010.


Attorney(s) appearing for the Case

Flink, Smith Law Firm, Edward Flink, Esq., Christopher Guetti, Esq., Jennifer L. Dominelli-Lecakes, Esq., of Counsel, Latham, NY, for the Plaintiffs.

Rawle, Henderson Law Firm, Diane Beckman Carvell, Esq., Jon M. Dumont, Esq., James A. Wescoe, Esq., of Counsel, New York, NY, Baker, Donelson Law Firm, Kenneth S. Powers, Esq., of Counsel, Chattanooga, TN, for the Defendants.

Thuillez, Ford Law Firm, Donald P. Ford, Jr., Esq., of Counsel, Albany, NY, for the Third-Party Defendants.


MEMORANDUM-DECISION AND ORDER

GARY L. SHARPE, District Judge.

I. Introduction

Plaintiffs Cornelius and Maureen Mahar brought this action against U.S. Xpress, Inc., U.S. Xpress Enterprises, Inc., U.S. Xpress Leasing, Inc., Xpress Global Systems, Inc., and Gloria Morgan for injuries and damages sustained in a tractor-trailer accident. (Am. Compl., Dkt. No. 5.) U.S. Xpress and Morgan filed a counterclaim against Cornelius...

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