McCotter v. Smithfield Packing Co., Inc.

OPINION AND ORDER

DOUMAR, District Judge.

This is a common law negligence action brought by plaintiff, Katie H. McCotter, a North Carolina resident, against defendant, Smithfield Packing Co. (“Smithfield”), a Virginia resident, for injuries McCotter sustained while performing her duties as a federal food inspector at Smithfield’s meat processing plant in Virginia. Presently before the Court is Defendant’s Motion to Dismiss for Lack of Subject Matter Jurisdiction pur suant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6). The issue raised by the motion is whether Smithfield is McCotter’s statutory employer…