Nature of the Case
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Facts
Dale Smith (P) was injured in an auto race at Watkins Glen on July 21, 1991. Ps have alleged it was caused by a defective helmet manufactured by D. D now moves to dismiss the actions pending before the Court. D contends that under the controlling law Ms. Marsh's (P) loss of consortium and negligent infliction of emotional distress claims must be dismissed because they are not legally cognizable. Smith and Marsh are not married.
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