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Casanova v. Marathon Corp.

August 11, 2008

NUNO CASANOVA, PLAINTIFF,
v.
MARATHON CORPORATION ET AL., DEFENDANTS.



The opinion of the court was delivered by: John M. Facciola United States Magistrate Judge

MEMORANDUM OPINION

This case was referred to me for all purposes including trial. Currently pending and ready for resolution are the motions listed in the attached Appendix.

BACKGROUND*fn1

Plaintiff in this diversity case is Nuno Casanova ("plaintiff"), a citizen of Virginia. Plaintiff brought this personal injury action against three defendants: 1) Marathon Corporation ("Marathon"), a Pennsylvania corporation, 2) Capitol Paving of DC, Inc. ("Capitol"), a District of Columbia corporation, and 3) Chesapeake Electrical System, Inc. ("Chesapeake"), a Maryland corporation.

Following the filing of the original suit, Marathon sued FMC Civil Construction, LLC ("FMC"), a Maryland corporation. Marathon also filed a cross-claim against Chesapeake.

FMC, in turn, sued the following three entities: 1) Ft. Myer Construction Company ("Ft. Myer"), a Virginia corporation, 2) L&S Construction ("L&S"), a District of Columbia corporation, and 3) Driggs Corporation, a Maryland corporation that has since been dismissed from the case.

Ft. Myer, in turn, cross-claimed against L&S and also sued Aggregate & Dirt Solutions, LLC ("ADS"), a District of Columbia corporation.

L&S, in turn, counter-claimed against FMC and cross-claimed against 1) Marathon, 2) Chesapeake, and 3) ADS.

DISCUSSION

The jumble of motions and cross motions requires a careful delineation of the nature of each party's claims and defenses to cross and counterclaims. I will begin with the plaintiff and his claims against Chesapeake, Marathon, and Capitol, and I will call them direct liability claims, meaning that plaintiff is attempting to impose liability on those parties for something they did or failed to do.

A. Direct Liability

1. The Testimony of Liberto Nunes

Liberto Nunes, who worked for Ft. Myer and was therefore Casanova's supervisor, testified in his deposition as follows:

When the guy came back, he said it was the vibrations of the machine we were using that had caused the cable to drop. I said, but how is that so when you have this wire here that is already rusty? And then eventually he admitted that he had happened to -- it had slipped from his ...


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