DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDMENT Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

HAROLD OVERTON,

Plaintiff,

vs.

NAVAJO EXPRESS, INC. AND 

DAVID MATTHEW FADULE,

Defendants.

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CIVIL ACTION NO. 3:22-01770-L

DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT 

ON PLAINTIFF'S CLAIMS OF GROSS NEGLIGENCE 

TO THE HONORABLE JUDGE OF THIS COURT: 

COME NOW, Defendants David Matthew Fadule and Navajo Express, Inc. 

(“Defendants”), by and through their counsel of record, and file this Motion for Partial

Summary Judgment on Plaintiff's Claims of Gross Negligence filed pursuant to Rule 

56 of the Federal Rules of Civil Procedure. In conjunction with and in support of their 

Motion, Defendants have filed a Brief in Support and Appendix.

Statement of the Issues

1. Pursuant to Local Civil Rule 56(a), Defendants state that the following issues 

are to be decided by the Court:

A. Whether Defendant David Fadule is entitled to summary judgment as to 

Plaintiff’s claim for gross negligence due to Plaintiff’s failure to produce 

sufficient, if any, evidence to support each essential element of the claim;

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B. Whether Defendant Navajo Express, Inc. is entitled to summary judgment as 

to Plaintiff’s claim for gross negligence due to Plaintiff’s failure to produce 

sufficient, if any, evidence to support each essential element of the claim. 

Statement of Reasons for Granting Summary Judgment

2. Plaintiff does not have sufficient evidence to support each essential element of the 

following claims: gross negligence against Defendant David Fadule and/or gross negligence 

against Defendant Navajo Express, Inc. There is no objective evidence that any action on the 

part of either Defendant involved an extreme degree of risk considering the probability and 

magnitude of the potential harm to others. There is no subjective evidence that either 

Defendant acted with actual awareness of the risk involved but proceeded in conscious 

indifference to the rights, safety or welfare of others. Furthermore, there is no evidence that 

Defendant Navajo Express, Inc. authorized or ratified any reckless behavior (the existence of 

which Defendants deny) on the part of Defendant David Fadule, or that Defendant Navajo 

Express, Inc., knowingly hired an unfit driver (which Defendants deny) when it hired 

Defendant David Fadule. Finally, there is no evidence that Defendant Navajo Express, Inc. 

itself committed any act that constitutes gross negligence, therefore Defendants are entitled 

to summary judgment on all of the Plaintiff's claims of gross negligence. 

CONCLUSION AND PRAYER

Defendants respectfully ask that the Court grant their Motion for Partial 

Summary Judgment as to the Plaintiff's claims of gross negligence against both 

Defendant David Matthew Fadule and Defendant Navajo Express, Inc. If summary 

judgment is not rendered upon the all relief requested, Defendants ask the Court to 

issue an order specifying the facts that are not genuinely in dispute and granting 

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such further other and further relief, both at law and in equity, to which the

Defendants are justly entitled.

Respectfully submitted,

By: /s/ Michael D. Colvin

Zach T. Mayer

State Bar No. 24013118

zmayer@mayerllp.com

Michael D. Colvin

State Bar No. 00790489

mcolvin@mayerllp.com

MAYER LLP

750 N. Saint Paul Street, Suite 700

Dallas, Texas 75201

Telephone: 214-379-6900

Facsimile: 214-379-6939

ATTORNEYS FOR DEFENDANTS 

DAVID FADULE AND NAVAJO 

EXPRESS, INC.

CERTIFICATE OF SERVICE

I hereby certify that on November 17 , 2023, a copy of this document was 

served on all parties and counsel of record via the Court’s electronic filing system.

/s/ Michael D. Colvin

Michael Colvin

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