Matos v. Nextran, Inc.

2009 WL 2477516 (2009)

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Matos v. Nextran, Inc.

United States District Court for the District of the Virgin Islands
2009 WL 2477516 (2009)

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Facts

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

Issue

Holding and Reasoning (Gomez, J.)

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