Westfield Insurance v. Birkey's Farm Store, Inc.

Plaintiff, Westfield Insurance Company (Westfield), filed a fourth amended complaint against defendants Birkey’s Farm Store, Inc. (Birkey’s), and CNH America, LLC (CNH), under a theory of subrogation, seeking damages related to a tractor fire. Defendants moved to dismiss seven of the eight counts of the fourth amended complaint for various reasons. The trial court granted the motions to dismiss and denied Westfield’s request for leave to file a fifth amended complaint. West-field appeals, arguing that: (1) the trial court erred in dismissing Westfield’s tort causes of action against each…