Bennett
Bennett v. T-MOBILE USA, INC.
Opinion
Opinion
Lew, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS COMPLAINT
Before this Court are Defendant Motorola’s Motion to Dismiss the Complaint [13] and Defendant T-Mobile’s Motion for Joinder in this Motion [16]. The Court took these Motions under submission on December 2, 2008. Having reviewed the filings of the parties, the Court HEREBY FINDS AND HOLDS AS FOLLOWS:
As a preliminary matter, good cause having been shown, Defendant T-Mobile’s Motion for Joiner in Defendant Motorola’s Motion to Dismiss is GRANTED.
I. Background
Plaintiff Michael R. Bennett purchased a Samsung cell phone in August of 2003 from service provider T-Mobile. Plaintiff purchased a Motorola cell phone in December of 2005, again from service provider T-Mobile. Plaintiff claims that beginning in April of 2006, he suffered a “sudden hearing loss in his right ear, vertigo, loss of equilibrium, and other personal injuries,” allegedly caused by his use of these cell phones. The essence of his claims is that the injuries were caused by electromagnetic radiation (“radio frequency” or “RF” emissions) emanating from the cell phones due to “improper and unsafe design, manufacturing and production.”