Nature of the Case
To access this section all you need to do is click here and register.
Facts
Matos (P) was driving a truck carrying concrete. P suffered injuries when the truck rolled over. The truck was allegedly manufactured and sold by D and Mack Truck. P and his wife sued Ds for (1) negligence; (2) breach of the warranty of fitness for a particular purpose; (3) strict liability; (4) breach of the warranty of merchantability; (5) loss of consortium; and (6) punitive damages. D made a limited appearance to dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2). That motion was denied. D then moved to dismiss under 12(b)(6) or in the alternative, to strike certain allegations in the complaint pursuant to 12(f) or for a more definite statement pursuant to 12(e).
Support@ bsmsphd.com
Casebriefs Co