Neofes v. Robertshaw Controls Co.

ORDER ON MOTIONS TO DISMISS

STECKLER, Chief Judge.

This matter came before the Court on the motion of defendant Robertshaw Controls Company (Robertshaw) to dismiss Counts II and III of the plaintiffs’ complaint and on the motion of defendant Cal Gas Charlestown, Inc. (Cal Gas) to dismiss Count II of the complaint for the reason that said counts “fail to state facts sufficient to constitute causes of action.”

The plaintiffs, John and Bernice Neofes, are husband and wife. At the time of the accident described in the complaint the plaintiffs were lessees of Mrs. Viola Hardy. The complaint alleges…