Flynn v. Fahlgren & Swink, Inc.

OPINION AND ORDER

GEORGE C. SMITH, District Judge.

This matter is before the Court pursuant to Defendant Fahlgren & Swink, Inc.’s (“F & S”) motion to dismiss Count IV of Plaintiffs Complaint. The plaintiff, Nancy L. Flynn (“Flynn”) filed a memorandum in opposition to the motion, to which the defendant has filed a reply memorandum. The dismissal is sought pursuant to Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim upon which relief can be granted. Essentially, the motion surrounds the issue of whether the State of Ohio recognizes the tort of negligent infliction of…