Pruneda v. Dillard et al

ROSALVA PRUNEDA
vs
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
§
§
§ 	CIVIL ACTION NO. H-24-4746
§
CHARLES EDWIN DILLARD, et al 	§
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
Pending before the Court in the above referenced proceeding is Defendant Werner
Enterprises, Inc.' s Motion for Partial Summary Judgment (Doc. No. 17); responses and replies (Doc.
Nos. 21 , 22); and Magistrate Judge Bennett's Memorandum and Recommendation (Doc. No. 23)
that the motion should be granted. 	Neither party filed objections to the Memorandum and
Recommendation and the time for doing so has passed.
Upon review of the pleadings and applicable law, the Court agrees with the Magistrate
Judge' s conclusion that Defendants are entitled to summary judgment on Plaintiffs claims against
Werner for direct negligence. Accordingly it is hereby
ORDERED that the Memorandum and Recommendation (Doc. No. 23) is ADOPTED and
Defendant Werner Enterprises, Inc. 's Motion for Partial Summary Judgment (Doc. No. 17) is
GRANTED. Plaintiffs direct liability claims against Werner are dismissed with prejudice.
-{"--
SIGNED this 	8 	day of April 2026.
ANDREWS. HANEN
UNITED STATES DISTRICT JUDGE
United States District Court
Southern District of Texas
ENTERED
April 08, 2026
Nathan Ochsner, Clerk
Case 4:24-cv-04746 Document 25 Filed 04/08/26 in TXSD Page 1 of 1