Phipps

DECISION AND ORDER RE MOTION FOR SUMMARY JUDGMENT

On July 24, 1989 the court heard defendant’s Motion for Summary Judgment. Upon due consideration of the written and oral arguments of the parties, the court now enters its order granting the motion as set forth herein.

Defendant Gary Drilling Co., Inc. moves, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment on the basis that there is no genuine issue of material fact as to plaintiffs claims of age discrimination in the termination of his employment with defendant.

I. Statement of Facts.

Plaintiff Cecil Phipps was employed between 1969 and February 13, 1987 by defendant Gary Drilling Co., Inc., which is engaged in the business of oil and gas drilling. During the last sixteen years of his employment, plaintiff was employed as a truck driver with responsibilities for hauling equipment and materials from one drilling site to another.

The incident culminating in plaintiffs termination occurred on February 10, 1987 when plaintiffs truck hit an energized power line during the move of a drilling rig. The power line was struck by the top portion of a “dog house” (portable changing quarters for on-site…