Lawson
Lawson v. General Electric Co.
Opinion
Lead Opinion
Henderson, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS
This matter came before the Court on September 14, 2015 for a hearing on Defendant’s motion to dismiss the Complaint for failure to state a claim based on a cognizable legal theory and for lack of subject matter jurisdiction. After careful consideration of the parties’ briefing and oral argument, the Court hereby GRANTS IN PART and DENIES IN PART Defendant’s motion to dismiss for the reasons set forth below.
I. BACKGROUND
Plaintiff Steven Lawson (“Plaintiff’) worked as a welding technician for Dime-trics Incorporated, which contracted with Defendant General Electric Company (“Defendant”) to have Plaintiff and other welders provide welding services on Defendant’s nuclear power plants throughout the United States and internationally, namely on Defendant’s Boiling Water Reactors (“BWRs”). Compl. ¶¶ 9,19.
Plaintiff alleges that Defendant: (i) failed to provide Plaintiff with adequate safety measures, id. ¶¶ 11, 20, 21, 25; (ii) violated safety protocol with regard to the condition of piping systems during repairs, id. ¶ 12; (iii) required Plaintiff to return to work while knowing that repeated radiation…