Whitten v. American Mutual Liability Insurance

ORDER

CHAPMAN, District Judge.

This matter is presently before the Court on the motion of defendant, American Mutual Liability Insurance Company (hereinafter “American Mutual”), to dismiss plaintiff’s claim, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, on the ground that the complaint fails to state a claim upon which relief can be granted. In the alternative, defendant moves to strike certain allegations of plaintiff’s complaint pursuant to FRCP 12(f).

Plaintiff sustained a compensable back injury under the South Carolina Workmen’s Compensation Act on December 10, 1973,…