Opinion
Civil Action No. 14-10311-MLW
01-22-2015
ROBERT K. JIMENEZ, Plaintiff, v. BENNY'S, INC., et al., Defendants.
REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION TO DISMISS
[Docket No. 14]
Plaintiff Robert K. Jimenez alleges that he was injured when a bicycle he purchased from one of defendant Benny's, Inc.'s department stores malfunctioned, causing him to lose control and crash. Amended Complaint (Docket No. 9-3) ("AC") at ¶¶ 8, 9. He also alleges that the bicycle was imported and/or distributed by defendant Kent International, Inc. AC ¶ 8. Jimenez' Amended Complaint contains three counts: negligence as to Benny's (Count I); res ipsa loquitor as to Benny's (Count II); and negligence as to Kent International (Count III). Benny's has moved to dismiss Count II of the Amended Complaint. Docket No. 14. For the following reasons, this Court recommends that the District Court grant Benny's motion.
On January 5, 2015, the District Court referred this case to the undersigned for full pretrial management, including dispositive motions. Docket No. 20.
"To survive a motion to dismiss, a complaint must contain sufficient factual matter,