Kaloyanides v. Reno
Kaloyanides v. Reno
Opinion of the Court
MEMORANDUM ORDER AND JUDGMENT
Before the Court are the parties’ cross-motions for summary judgment and related pleadings. The Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331. On May 5, 1995, plaintiff filed a complaint asserting a claim pursuant the Federal Torts Claim Act (“FTCA”), 28 U.S.C. §§ 2671, et seq. He alleges that he developed cancer as a result of second-hand cigarette smoke to which he was exposed by the alleged negligence of defendants. Defendants contend that judgment should be entered in their favor because plaintiff has failed to establish the essential elements of a negligence claim and, even had he done so, his claim would be barred on the ground of contributory negligence.
Legal Standard
Summary judgment may be granted only “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(e). In considering a summary judgment motion, all evidence and the inferences to be drawn from it must be considered in a fight most favorable to the nonmoving party. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986); Tao v. Freeh, 27 F.3d 635, 638 (D.C.Cir. 1994). Summary judgment cannot be granted “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). “[T]he mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.” Id. (emphasis in original).
ORDERED, that plaintiffs motion for summary judgment is denied. It hereby further is
ORDERED, that defendants’ motion for . summary judgment is granted and judgment is entered in their favor.
SO ORDERED.
Reference
- Full Case Name
- Constantine KALOYANIDES v. Janet RENO
- Status
- Published