O'NEIL v. Simplicity, Inc.

MEMORANDUM OPINION AND ORDER

RICHARD H. KYLE, District Judge.

INTRODUCTION

This action arises out of a recall of children’s cribs by Defendant Simplicity, Inc. (“Simplicity”). Plaintiffs John and Jill O’Neil purchased a Simplicity crib in 2003, which bears the name and logo of Defendant Graco Children’s Products, Inc. (“Graco”). The crib was recalled in September 2007 due to problems with its “drop side”; this action was commenced shortly thereafter, asserting a litany of claims. Simplicity and Graco now move to dismiss. For the reasons set forth below, the Court will grant the Motions.

BACKGROUND