Lewis v. Chrysler

OPINION AND ORDER Regina Lewis (“Plaintiff”) initiated this action pro se and in forma pauperis against Chrysler, Fiat Chrysler Automobiles, and Dongfeng Motor Group (“Dongfeng”)¹ on March 29, 2023, alleging that she suffered injuries from a motor vehicle accident caused by a manufacturing defect in the vehicle she was driving. (Doc. 1, “Compl.”).² On June 5, 2023, FCA US LLC (“Defendant FCA”) filed an Answer. (Doc. 10).³ On July 19, 2023, the Court denied without prejudice Plaintiff’s request for leave to join State Farm and Vince’s Auto Body Works as defendants in this action. (Doc. 24). The Court referred this matter to Magistrate Judge McCarthy for general pre-trial matters. (Docs. 25-26). The parties thereafter engaged in discovery pursuant to a Civil Case Discovery Plan and Scheduling Order. (Doc. 27). Magistrate Judge McCarthy denied without prejudice Plaintiff’s request to join Stellantis Jefferson North Assembly Plant and the Milford Chrysler dealership as defendants in this action. (Doc. 44). On December 28, 2023, Magistrate Judge McCarthy deemed discovery in this matter closed. (Doc. 56). Defendant FCA moved for summary judgment on February 28, 2024, in accordance with the briefing schedule set by the Court. (Doc. 58; Doc. 62; Doc. 63; Doc. 64, “Def. Br.”; Doc. 65, “Fine Decl.”). Following an extension of time to file opposition papers (Doc. 80), Plaintiff failed to file a response to Defendant FCA’s motion for summary judgment. Defendant FCA did not file a reply brief. (Doc. 85).⁴ The Court denied Plaintiff’s request for leave to move for summary judgment on several occasions for failure to comply with the Court’s Individual Practices governing summary judgment practice. (Doc. 48; Doc. 55; Doc. 61; Doc. 75; Doc. 83). However, on March 6, 2024, the Court construed Plaintiff’s repeated motions for summary judgment as her request to search the record on Defendant FCA’s motion and accordingly, gave notice pursuant to Federal Rule of Civil Procedure 56(f) that it may grant summary judgment in favor of the non-movant if the motion papers so warrant such relief, without the necessity of Plaintiff filing her own motion. (Doc. 71). For the reasons set forth below, Defendant FCA’s motion for summary judgment is GRANTED. BACKGROUND The Court recites the facts herein only to the extent necessary to adjudicate the extant motion and draws them from: (1) the Complaint; (2) Plaintiff’s affidavit filed in conjunction with the Complaint (Doc. 3, “Lewis Aff.”); (3) Defendant FCA’s Statement of Undisputed Facts⁵; and (4) the Fine Declaration, together with the exhibits annexed thereto, which includes a transcript of Plaintiff’s deposition, conducted on September 29, 2023 (Doc. 65-1, “Pl. Tr.”). Plaintiff is a resident of New York. (Doc. 64 at 6-13, “SOF” 1; Compl. at 3; Pl. Tr. at 21:11-15). On January 11, 2023, Plaintiff was driving her friend John Owens’ 2020 Jeep Grand Cherokee (the “Vehicle”) in Poughkeepsie, New York. (SOF 2; Lewis Aff. at 1-2; Compl. at 5). After driving for approximately two hours, Plaintiff started to enter a parking garage located at 11 Civic Center Plaza, Poughkeepsie, New York, behind another car, driven by Ashleigh Charlson, which was stopped at the ticket station. (SOF

3-5; Pl. Tr. at 53:21-54:14, 92:5-7; Fine Decl., Ex. B “Accident Report”). Plaintiff’s Vehicle suddenly accelerated and hit the back of Ms. Charlson’s car, and then jumped the curb to the right and struck a pillar, where the Vehicle came to a stop. (SOF