Grumman

Smith v. Grumman

Good Law
60 F. Supp. 3d 1051·2014 WL 3726827·2014 U.S. Dist. LEXIS 101979
United States District Court, Northern District of CaliforniaJuly 25, 2014Case No.: 5:13-CV-03942-EJDCalifornia3,188 words

Opinion

Lead Opinion

Davila, J.

[Re: Docket No. 4]

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

Presently before the court is Defendant Northrop Grumman Corporation’s (“Defendant”) Motion to Dismiss Plaintiff Jennifer Lynn Taylor-Smith’s (“Mrs.Smith”) Sixth Cause of Action for loss of consortium. The court found this matter suitable for decision without oral argument pursuant to Civil Local Rule 7 — 1(b) and previously vacated the hearing. Having reviewed the parties’ briefing, and for the following reasons, the court GRANTS Defendant’s Motion.

I. Background

Defendant is a Delaware corporation operating worldwide with over 65,000 employees, specializing in developing and manufacturing global aerospace and defense technology. In May 2009, Defendant hired Plaintiff Nicholas Smith (“Mr. Smith”) (together with Mrs. Smith, “Plaintiffs”) as a “B” welder. Complaint of Mr. and Mrs. Smith (“Compl.”) ¶ 4, Docket Item No. 1 Ex. A. Two years later, Mr. Smith suffered a non-industrial motorcycle accident which left him a quadriplegic. Compl. ¶ 4, Dkt. No. 1 Ex. A. Due to the accident, Mr. Smith could no longer perform his duties as a welder. Id. However, Mr. Smith identified other jobs he could perform for Defendant with…

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