United States District Court, District of Massachusetts
March 11, 2015
ROBERT K. JIMENEZ, Plaintiff,
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 11 of the Amended Complaint. Docket No. 14. For the following reasons, this Court recommends that the District Court grant Benny's motion.
"To survive a motion to dismiss, a complaint must contain sufficient factual matter,