Barth

REVISED ORDER RE MOTION TO DISMISS

The defendant Firestone Tire and Rubber Company (“Firestone”) brings this motion to dismiss the Second Amended Complaint (the “Complaint”) in this putative class action pursuant to Fed.R.Civ.P. 12(b)(6). The defendant argues that the plaintiffs claims here are precluded by the exclusivity provisions of the California Workers’ Compensation system. Alternatively, the defendant asserts that the plaintiff fails to state a claim upon which relief can be granted.

The Court must state, preliminarily, that this case presents troubling and serious questions that go to the very heart of American jurisprudence. It presents no questions that are susceptible to easy answers, and the plaintiff describes a tragic fact situation.

In this, as in all motions to dismiss, the Court accepts as true all well pleaded allegations in the Complaint, and it views all facts and makes all inferences in the light most favorable to the party opposing the motion. Jenkins v. McKeithen, 395 U.S. 411, 421 , 89 S.Ct. 1843, 1848 , 23 L.Ed.2d 404 (1969); T.W. Electrical Service, Inc., v. Pacific Electrical Contractors Association, 809 F.2d 626, 630 (9th Cir.1987). Viewing the…