United States District Court, D. Massachusetts
MONICA REDMOND-NIEVES, Personal Representative of the Estate of Edgard Nieves, Plaintiff,
OKUMA AMERICA CORPORATION, & ROBERT E. MORRIS COMPANY, LLC, Defendant.
ORDER AND MEMORANDUM ON PLAINTIFF'S MOTION FOR
PARTIAL SUMMARY JUDGMENT AND DEFENDANT'S MOTION FOR
SUMMARY JUDGMENT (DOCKET NOS. 104 & 105)
TIMOTHY S. HILLMAN DISTRICT JUDGE
Redmond-Nieves (“Plaintiff”) filed this wrongful
death action on behalf of the estate of her husband, Edgard
Nieves (“Mr. Nieves”). She alleges that Okuma
America Corporation (“Okuma”) and Robert E.
Morris Company, LLC, were negligent and breached express and
implied warranties by selling Okuma's L1420 CNC Lathe.
moves for partial summary judgment on liability for breach of
implied warranty. (Docket Nos. 104). Okuma has filed a
cross-motion for summary judgment on all of Plaintiff's
claims against it. (Docket No. 105). Because the parties
raise genuine disputes of material fact relative to
negligence, breach of implied warranty, and punitive damages,
the Court denies Okuma's motion
for summary judgment on Counts I and II and the parties'
cross-motions for summary judgment on Count III. Because
Plaintiff fails to oppose summary judgment on the breach of
express warranty claim, the Court
grants Okuma's motion as to
1998, Inner-Title Corporation (“Inner-Tite”)
purchased an Okuma L1420 CNC Lathe from Robert E. Morris
Company, LLC, a distributor for Okuma. (Docket No. 104-1 at
2). On December 24, 2015, Mr. Nieves, an employee of
Inner-Title, died while operating this lathe. Mr. Nieves
inserted a six-foot piece of metal bar stock into the lathe,
leaving approximately two feet of bar stock extended beyond
the chuck cylinder. When the lathe reached a certain
operating speed,  it began whipping the bar stock. The bar
stock bent to a 90-degree angle and struck Mr. Nieves in the
head and arm. Co-workers found Mr. Nieves conscious but
suffering from massive bleeding. Mr. Nieves underwent several
surgeries but ultimately died five hours later.
originally filed a Complaint in state court, but Okuma
removed the case to this Court on November 2, 2016. Plaintiff
asserts four claims against Okuma: wrongful death for
negligence (Count I), conscious pain and suffering for
negligence (Count II), breach of implied warranty (Count
III), and breach of express warranty (Count IV). Plaintiff
also seeks punitive damages.
April 30, 2019, Plaintiff moved for summary judgment on
liability for breach of warranty. (Docket No. 104). Okuma
filed a cross-motion for summary judgment on all of
Plaintiff's claims against it on May 1, 2019. (Docket No.
Federal Rule of Civil Procedure 56, a court “shall
grant summary judgment 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.” An issue is
“genuine” when a reasonable factfinder could
resolve it in favor of the nonmoving party. Morris v.
Gov't Dev. Bank of Puerto Rico, 27 F.3d 746, 748
(1st Cir. 1994). A fact is “material” when it may
affect the outcome of the suit. Id.
ruling on a motion for summary judgment, “the court
must view the facts in the light most favorable to the
non-moving party, drawing all reasonable inferences in that
party's favor.” Scanlon v. Dep't of
Army, 277 F.3d 598, 600 (1st Cir. 2002) (citation
Counts I & II (Wrongful Death and Conscious Pain and
moves for summary judgment on both of Plaintiff's
negligence claims. Okuma, however, has failed to make any
argument showing entitlement to judgment as a matter of law
on either claim. The Court thus
denies Okuma's motion for
summary judgment on Counts I and II.
Count III (Breach of ...