Haynes
Haynes v. National Railroad Passenger Corp.
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.