Haynes

Haynes v. National Railroad Passenger Corp.

Good Law
423 F. Supp. 2d 1073·2006 WL 708213·2006 U.S. Dist. LEXIS 13992
United States District Court, Central District of CaliforniaMarch 16, 2006CV 05-07696 DDP (EX)California5,124 words

Opinion

Opinion

Pregerson, J.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

This matter is before the Court on the defendant’s motion to dismiss the Complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). After reviewing the papers submitted by the parties and hearing oral argument, the Court denies the motion in part and grants the motion in part.

I. BACKGROUND

In July 2003, Denise Haynes and her son Adam Leander Haynes took an Amtrak train from Chicago to Los Angeles. Upon their arrival in Los Angeles, Denise Haynes allegedly began to experience head pain and breathing difficulties (CompIJ 22.) Shortly thereafter, she lost consciousness and died. (Id. ¶ 22-23.) The autopsy determined the cause of death to be deep vein thrombosis (“DVT”). (Id.)

The plaintiffs in this action are the estate of Denise Haynes, Adam Haynes, and Denise’s daughter Senyah Haynes. They filed an action against Amtrak in state court alleging that Amtrak violated common law and statutory duties of care that common carriers must show their passengers. The defendant removed the case to federal court and filed this motion to dismiss.

II. DISCUSSION

A. Legal Standard

Dismissal under…

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