Summary
barring plaintiff's negligence claim where it was alleged that the defendant repaired flood damage in a careless manner, which caused more damage in the form of mold, as such a duty was only contractual
Summary of this case from Simon v. First Liberty Ins. Corp.Opinion
CIVIL ACTION No. 09-1907.
March 8, 2010
ORDER
AND NOW, this 8th day of March, 2010, upon consideration of Defendant Metropolitan Property and Casualty Insurance Company's Motion to Dismiss Counts III, IV, V and VI of Plaintiff's Amended Complaint, Metropolitan's Motion to Strike Plaintiff's January 20, 2010 Jury Demand as to the Amended Complaint, Defendant Mark 1 Restoration Service's Motion to Dismiss Counts V and VI of Plaintiffs' Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted, or, in the Alternative, to Strike Plaintiffs' Jury Demand in the Amended Complaint, Plaintiffs' responses thereto, and all replies thereon, and for the reasons stated in this Court's Memorandum dated March 8, 2010, it is hereby ORDERED that:
1. Metropolitan's motion to dismiss (Document No. 29) is GRANTED in part and DENIED in part as follows:
a. The motion is GRANTED with respect to Counts III, V, and VI and those counts as to Metropolitan are DISMISSED.
b. The motion is DENIED with respect to Count IV.
2. Metropolitan's motion to strike the jury demand (Document No. 30) is GRANTED. This case shall proceed as a bench trial.
3. Mark 1's motion to dismiss (Document No. 31) is GRANTED. Counts V, and VI as to Mark 1 are DISMISSED.
4. Mark 1's motion to strike jury demand (Document No. 31) is GRANTED. This case shall proceed as a bench trial.