United States District Court for the District of the Virgin Islands
2009 WL 2477516 (D.V.I., 2009)
On May 2, 2006, Eduardo Matos (plaintiff) was injured when the concrete truck he was driving overturned. Matos and his wife, Santa Matos (plaintiff), sued Nextran and Mack Truck Sales of South Florida (defendants), who allegedly manufactured and sold the truck. Matos’s complaint set forth six claims: (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. Rather than restate the facts in each claim, Matos incorporated them by reference in subsequent sections of the complaint. Nextran filed a motion to dismiss for failure to state a claim upon which relief can be granted under Rule 12(b)(6) of the Federal Rules of Civil Procedure (FRCP). Failing that, Nextran moved the court to strike portions of the complaint under Rule 12(f) or demand a more definite statement from the plaintiff under Rule 12(e).
Rule of Law
Holding and Reasoning (Gomez, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.