133-4.) The front of the Agreement included the following notice: 133-4.) Each Agreement consisted of a form on the front filled out by hand to provide basic details of the project for the week, with Terms and Conditions on the back. Representatives of Maxim and Aptus signed two "Short Term Daily/Weekly Service Agreements" to cover the work performed. Maxim disputes this characterization, pointing to testimony that, it argues, supports the conclusion that Snyder himself developed the plan to use a Carrydeck crane. Aptus, relying on the Snyder Affidavit, asserts that Maxim recommended the Carrydeck crane. ¶ 11.) They ultimately decided to use a Carrydeck-style crane with a suspended manbasket. 134 ¶ 10.) The companies discussed the possibility of using a "spider-type crane," but Maxim did not have one available. Maxim and Aptus agree that Maxim chose the specific cranes and operators for the project, although they dispute who chose the type of crane that would be used. ¶¶ 8-9.) Fisher testified that he did serve as a foreman for Maxim and its various operators generally, but that he was not on the Old Hickory Bridge job site. Maxim maintains that the JPDS was merely an internal form and was not part of any agreement with Aptus about which entity had responsibility for overseeing the Old Hickory Bridge project. "Wes" Fisher would serve as "Operator's Foreman" for the crane operators. The JPDS also states that Maxim employee John W. According to the JPDS, Maxim would provide the crane equipment, operators, fueling, maintenance, and rigging for the project. Maxim created an internal document known as a Job Planning Data Sheet ("JPDS") to describe the job. 134 ¶ 5.) Maxim disputes this characterization of the companies' division of responsibilities, citing testimony that Snyder and other Aptus personnel were overseeing and directing the operation of the cranes. 138 ¶ 2.) Aptus, citing an Affidavit from Snyder, claims that it was "relying on Maxim's reputation and claimed expertise in order to provide the proper crane equipment, operators and supervision for the job." (Docket No. ¶¶ 4, 7.) Martins visited the Old Hickory Bridge site at least twice to evaluate it. ¶¶ 4-5.) Aptus Vice President of Operations Shawn Snyder spoke on the phone with Maxim's Nashville salesperson, Armando "Al" Martins, and informed Martins that Aptus would need not only crane equipment but also operators and personnel to manage the equipment. ¶ 3.)Īptus contacted Maxim, a nationally known company that provides cranes and crane-related operations, in order to obtain the necessary crane equipment. ¶ 2.) Aptus's methodology would require two cranes: one for the crew member cutting the pipe and another for a crew member to stabilize and remove the pipe. 134 ¶ 1.) Aptus devised a plan for removing the pipeline that relied on suspending Aptus crew members by crane over the side of the bridge, where they could cut and remove the pipe. 148 ¶ 6.) In 2017, Duke Energy and Piedmont Natural Gas hired Aptus to remove an out-of-use natural gas pipeline mounted to the Old Hickory Bridge across the Cumberland River in Nashville. Aptus Engages Maxim for the Old Hickory Bridge JobĪptus is a bridge utility construction and demolition company. 156) and Maxim's Motion for Hearing (Docket No. 120) Maxim's Motion to Strike (Docket No. 118) the Motion for Summary Judgment filed by Maxim Crane Works, L.P. 114) Trimboli's Motion for Partial Summary Judgment on Affirmative Defense of Loaned Servant Doctrine (Docket No. 87) Aptus's Motion for Summary Judgment (Docket No. 82) Trimboli's Amended Motion for Summary Judgment (Docket No. The following motions will be denied: Trimboli's Motion for Partial Summary Judgment (Docket No. 97) filed by Aptus Group USA, LLC ("Aptus"), as well as Jonathan Trimboli's Motion for Rule 37 Sanctions (Docket No. 157) and the Motion to Dismiss and for Rule 37 Sanctions (Docket No. For the reasons set out herein, the court will grant in part and deny in part the Motion to Accept and Consider and for Rule 37 Sanctions (Docket No. Several motions to dismiss, motions for summary judgment, motions for discovery sanctions, and ancillary motions are pending before the court.
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