Eagle Traffic Control v. Addco

MEMORANDUM AND ORDER

JOYNER, District Judge.

We address today the motion filed pursuant to Fed.R.Civ.P. 12(b)(6) by Defendant in this diversity case, in which it seeks the dismissal of Plaintiffs request for punitive damages. For the reasons that follow, the motion to dismiss will be denied.

I. BACKGROUND

For the purposes of a Rule 12(b)(6) motion, we must accept as true the facts as alleged by the non-moving party, which are as follows. The plaintiff, Eagle Traffic Control (“Eagle”), which is in the business of providing safety equipment to highway work sites, contracted with the defendant,…