Durben v. American Materials, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that an exception exists where a plaintiff has a valid claim for punitive damages and that the employer is accordingly not entitled to summary judgment on the independent negligence counts
• affirming summary judgment on punitive damages claim where the police report indicated the driver was not under the influence and was only cited for following too closely
• affirming grant of summary judgment dismissing punitive damages claim where police report indicated that driver was not under the influence and was only cited for 12 Id. at 21–22. 13 Id. at 28. following too closely
• “Generally, when an employer admits the applicability of respondeat superior, it is entitled to summary judgment on claims for negligent entrustment, hiring, and retention”
• trial court did not have authority to consider uncertified pleadings from another case attached as an exhibit to a summary judgment brief without any attempt to authenticate them or offer them into evidence
• trial court did not have authority to consider uncertified pleadings from smother case attached as an exhibit to a summary judgment brief without any attempt to authenticate them or offer them into evidence

Source: CourtListener parenthetical corpus (CC0).