Kruger

Kruger v. United Airlines, Inc.

Good Law
481 F. Supp. 2d 1005·2007 WL 708594·2007 U.S. Dist. LEXIS 14747
United States District Court, Northern District of CaliforniaMarch 1, 2007C 06-04907 MHPCalifornia2,107 words

Opinion

Opinion

Patel, J.

MEMORANDUM & ORDER

Re: Motion to Dismiss

On August 14, 2006 plaintiffs Ruth Ellen Kruger and Daniel Ronald Kruger, as individuals and on behalf of their marital community, filed a complaint against United Airlines, Inc., UAL Corporation (collectively “United”), Xiaoyan Wei, Yaping Huang, and Yuying Huang, alleging various tort causes of action for injuries sustained when Kruger was a passenger on a United flight. On January 5, 2007, default was entered as to the three individual defendants Wei, Huang, and Huang. Now before the court is United’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim.

BACKGROUND

Plaintiffs Ruth Ellen Kruger and Ronald Kruger are residents of Issaquah, Washington. Defendants United Airlines, Inc. and UAL Corporation are Illinois corporations. Defendants Wei, Yaping Huang, and Yuying Huang are California residents and domiciliaries. The dispute in this case concerns an incident that occurred when plaintiff Ruth Kruger boarded of United Flight 794 from San Francisco to Seattle on August 20, 2004. Defendants Wei, Huang, and Huang were passengers on the same flight.

On August 20, 2004 defendants Wei, Huang and…

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