Matos v. Nextran, Inc.
United States District Court for the District of the Virgin Islands
2009 WL 2477516 (D.V.I., 2009)
Eduardo Matos and his wife Santa Matos (plaintiffs) sued Nextran and Mack Truck Sales of South Florida (defendants), the alleged manufacturer and seller of a concrete truck that overturned and injured Eduardo, asserting negligence, breach of warranties of fitness and merchantability, strict liability, loss of consortium, and punitive damages, incorporating the underlying facts by reference across the complaint's various sections. Nextran moved to dismiss for failure to state a claim under Rule 12(b)(6), or alternatively to strike portions of the complaint under Rule 12(f) or demand a more definite statement under Rule 12(e).
Whether a federal court must grant a defendant's motion to dismiss for failure to state a claim if the plaintiff has failed to allege an essential element of the claim in the complaint.