Free Motion for Judgment as a Matter of Law - District Court of Connecticut - Connecticut

Case 3:02-cv-01302-JCH

Document 549

Filed 02/08/2006

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT SHAWN POULIOT Plaintiff v. PAUL ARPIN VAN LINES, INC. et al. Defendants : : : : : : : : :

CIVIL ACTION NO. 3:02 CV 1302 (JCH) JUDGE JANET C. HALL

February 8, 2006

DEFENDANTS' MOTION FOR JUDGMENT ON/INVOLUNTARY DISMISSAL OF PLAINTIFF'S WITHDRAWN RECKLESSNESS CLAIM Pursuant to Rules 41(b) & 50 of the Federal Rules of Civil Procedure, the defendants Paul Arpin Van Lines, Inc. and Arpin Logistics, Inc., hereby move for judgment as a matter of law on, or involuntary dismissal of, the plaintiff's withdrawn recklessness claim. In support of this motion, the defendants state: On the first day of trial, the following colloquy occurred between plaintiff's counsel and the Court: THE COURT: The plaintiff made no request to charge on the reckless count. Reckless count should be out, your Honor. I'm so glad I spent 30 hours drafting a charge on recklessness that's in our complaint. I thought we pulled that out of the initial pretrial. I heard it yesterday. You are going to see it in the draft charge because I don't think we'll get it out before you get it. So that I guess moots the issue of whether there's joint and several liability on recklessness.

MR. STRATTON: THE COURT:

MR. STRATTON:

THE COURT:

(Tr., 1/11/05, Excerpt Before Start of Trial, 11).

Case 3:02-cv-01302-JCH

Document 549

Filed 02/08/2006

Page 2 of 3

In spite of this withdrawal by the plaintiff, and his subsequent choice not to prosecute the recklessness claim ­ by way of any evidence or argument ­ there is no official disposition on the record with regard to the plaintiff's recklessness claims. In order to close this gap, either entry of judgment as a matter of law, or an involuntary dismissal with prejudice, is the appropriate remedy. WHEREFORE, the defendants move for the entry of either judgment as a matter of law, or an involuntary dismissal with prejudice, of the plaintiff's withdrawn recklessness claim. Respectfully submitted,

Daniel J. Krisch, Esq. CT 21994 Michael S. Taylor, Esq. CT 14650 Horton, Shields & Knox, P.C. 90 Gillett Street Hartford, CT 06105 (860) 522-8338 fax (860) 728-0401 [email protected] [email protected] Harold J. Friedman, Esq. CT 23785 Karen Frink Wolf, Esq. CT 26494 Friedman. Gaythwaite, Wolf & Leavitt Six City Center, P.O. Box 4726 Portland, ME 04112-4726 (207) 761-0900 (207) 761-0186 (Fax) [email protected] [email protected]

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Case 3:02-cv-01302-JCH

Document 549

Filed 02/08/2006

Page 3 of 3

CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing was mailed via U.S. First Class Mail on February 8, 2006, to the following:

Michael A. Stratton, Esq. Stratton Faxon 59 Elm Street New Haven, CT 06510 Thomas J. Grady, Esq. Lenihan Grady & Steele 6 Canal Street PO Box 541 Westerly, RI 02891-0541 Harold J. Friedman, Esq. Karen Frink Wolf, Esq. Friedman Gaythwaite Wolf & Leavitt Six City Center, P.O. Box 4726 Portland, ME 04112-4726

Roland F. Moots, Jr., Esq. Moots, Pellegrini, Spillane & Mannion 46 Main Street, PO BOX 1319 New Milford, CT 06776-1319

Daniel J. Krisch

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