Atkins v. USF Dugan, Inc.

MEMORANDUM OPINION

BEATY, District Judge.

I. INTRODUCTION

This matter is before the Court on Defendant USF Dugan, Inc.’s (“Dugan” or “the Company”), Motion to Dismiss [Document # 13]. Plaintiff Jay Gilmer Atkins (“Atkins”) has filed a Memorandum in Opposition to Defendant’s Motion to Dismiss [Document # 12]. For the reasons stated herein, Dugan’s Motion to Dismiss is granted in part and denied in part.

II. FACTUAL AND PROCEDURAL BACKGROUND 1

Dugan is a common carrier and maintains a facility in Greensboro, North Car olina. (Am.Compl. ¶ 6; Pl.’s Mem. in Opp’n to Def.’s Mot. to Dismiss at 1.) Prior…