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Date: 09-29-2022

Case Style:

Lauressa Perez, et al. v. Richard A. Reitz, II and Brink Farms, Inc.

Case Number: 3:20-cv-00946

Judge: Damon R. Leichty

Court: United States District Court for the Northern District of Indiana (St. Joseph county)

Plaintiff's Attorney:






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Defendant's Attorney: Charles F. Albrecht and Thomas S. Ehrhardt

Description: South Bend, Indiana personal injury truck wreck lawyer represented Plaintiffs who sued Defendants on wrongful death auto negligence theories claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of the failure to exercise due care in the operation of a motor vehicle.

A fatal truck accident occurred in summer 2020 that killed Brandon Perez and seriously injured his father and son. Richard Reitz was driving a tractor-trailer that struck the Perezes' vehicle. Brink Transfer Services, Inc. owned the tractor-trailer. The Perez estate filed a wrongful death action against the semi driver, Brink Transfer, and another company called Brink Farms, Inc.

Created in 1991, and based in Hamilton, Michigan, Brink Farms specializes in the transportation of non-hazardous bulk commodities and agricultural products, such as fertilizer and feed. It operates in several midwestern states. Brian and Shawn Brink both own the company after buying out their father who started the business. They both serve as the company's officers. The business has about 47 trucks and 62 employees.

In 2010, the Brink brothers started Brink Transfer. “Brothers don't always get along,” so Brink Transfer provided Shawn an opportunity to operate and manage something different. Both men work for Brink Transfer. Based in New Buffalo, Michigan, the company hauls cement, slag, urea, and other construction materials. It owns its own truck and trailer fleet-essentially dry bulk trailers. The company employs twelve drivers.

Brink Transfer owned the tractor-trailer involved in the 2020 accident and ostensibly employed the driver (Richard Reitz). After the suit, the estate settled with Brink Transfer and Mr. Reitz. The estate argues that Brink Farms and Brink Transfer acted as alter egos such that the estate should be allowed to pierce the corporate veil and hold Brink Farms liable for the accident. That is the sole question presented by the motion today.[1] The court now grants summary judgment.

Outcome: 09/08/2022 86 ORDER: On January 28, 2022, Defendants Richard A. Reitz, II and Brink Transfer Services, Inc. filed a notice of partial settlement [ECF 47 ] with the intent to file a motion that would terminate those defendants from this case within sixty days. No such motion has been filed. Rule 15 authorizes a pleading's amendment that drops singular parties or claims. See Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015). As these defendants have reached a settlement with the plaintiffs, the court ORDERS the plaintiffs to file a motion to amend the pleadings by September 15, 2022, terminating Defendants Richard A. Reitz and Brink Transfer Services, Inc. from this case. Text-only order by Judge Damon R Leichty on 9/8/22. (dk) (Entered: 09/08/2022)
09/14/2022 87 First MOTION to Amend/Correct 12 Amended Document, Complaint by Plaintiff Lauressa Perez. (Attachments: # 1 Exhibit 2nd Amended Complaint for Damages)(Kavanagh, Matthew) (Entered: 09/14/2022)
09/28/2022 88 RESPONSE to Motion re 87 First MOTION to Amend/Correct 12 Amended Document, Complaint filed by Brink Farms, Inc.. (Homann, Jacqueline) (Entered: 09/28/2022)
09/29/2022 89 OPINION AND ORDER: The court GRANTS Brink Farms summary judgment motion 35 ,DENIES the estate's motion to seal documents with leave to either party to refile by 10/6/2022 75 , and GRANTS the motion to amend the complaint, thereby dismissing Brink Transfer Services, Inc. and Richard A. Reitz, II as defendants 87 . The court directs the clerk to make the sealed documents 76 public by 10/10/2022, absent further order of the court, and meanwhile to enter judgment for Brink Farms. This order terminates the case. Signed by Judge Damon R Leichty on 9/29/2022. (shk) (Entered: 09/29/2022)
09/29/2022 90 CLERK'S ENTRY OF JUDGMENT. (shk) (Entered: 09/29/2022)
10/05/2022 91 MOTION to Seal Documents by Defendant Brink Farms, Inc.. (Homann, Jacqueline) (Entered: 10/05/2022)
10/06/2022 92 ORDER granting 91 Motion to Seal; The court SEALS entries as requested. Text-only order by Judge Damon R Leichty on 10/6/22. (dk) (Entered: 10/06/2022)

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