IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
November 18, 1999
ERIC V. THOMAS, D.M.D., INDIVIDUALLY, AS ADMINISTRATOR, AND ADMINISTRATOR AD PROSEQUEN-DUM OF THE ESTATE OF TRACY ROSE THOMAS, AND AS PARENT AND NATURAL GUARDIAN OF ALIX THOMAS, PLAINTIFF,
FORD MOTOR COMPANY AND TRW, INC., DEFENDANTS.
The opinion of the court was delivered by: Hon. Stephen M. Orlofsky
This matter having come before the Court on the motion of Defendants Ford Motor Company ("Ford") and TRW, Inc. ("TRW"), to dismiss certain claims for failure to state a claim upon which relief may be granted, William J. Conroy, Esq., and Robert George Devine, Esq., White and Williams, LLP, appearing on behalf of Ford, Robert J. Hafner, Esq., Lavin, Coleman, O'Neil, Ricci, Finarelli & Gray, appearing on behalf of TRW, and Thomas E. Mellon, Jr., Esq., and Eliot Alan Kolodny, Esq., Mellon, Webster & Mellon, and James H. Pickering, Jr., Esq., appearing on behalf of Plaintiff Eric V. Thomas, D.M.D. ("Thomas"), individually, as Administrator, and Administrator ad Prosequendum of the Estate of Tracy Rose Thomas, and as parent and natural guardian of Alix Thomas; and,
The Court having considered the submissions of the parties, for the reasons set forth in the OPINION filed concurrently with this ORDER;
IT IS, on this 18th day of November, 1999, hereby ORDERED that the Defendants' motions to dismiss for failure to state a claim are GRANTED in part, DENIED in part, and DISMISSED in part as follows:
1. The motions of Ford and TRW to dismiss claims by Thomas seeking recovery for the death of his unborn child are DENIED;
2. The motions of Ford and TRW to dismiss Thomas's claims for "hedonic damages" are DENIED;
3. The motions of Ford and TRW to dismiss Counts IX and XI of the Complaint are GRANTED. Thomas shall have twenty days from the filing of this Order to file an amended complaint re-pleading claims for breaches of express warranties;
4. The motion of TRW to dismiss Count VIII of the Complaint is GRANTED;
5. The motion of Ford to dismiss Count VI of the Complaint is DENIED;
6. The motions of Ford and TRW to dismiss Counts XII and XIII of the Complaint are GRANTED;
7. On the Court's own motion, Count I of the Complaint is DISMISSED for alleging certain claims for which relief may not be granted;
8. Thomas shall have twenty days from the filing of this Order to file an amended complaint re-pleading a claim for Wrongful Death that seeks the appropriate forms of recovery under New Jersey's Wrongful Death Act.
STEPHEN M. ORLOFSKY United States District Judge
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