Matos v. Nextran, Inc.

2009 WL 2477516 (D.V.I., 2009)

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Nature of the Case

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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).