Kleinschmidt v. Universal Seafood Co.

LUONGO, District Judge.

Before us are defendants’ motions1 to dismiss portions of plaintiff’s complaint for failure to state a cause of action and as barred by the Statute of Limitations.

On March 23, 1961, various members of the Kleinschmidt family filed a complaint in twenty-eight counts against defendants for injuries and, in one case, death resulting from allegedly poisoned fish prepared and sold by defendants. The motions before us are directed only to the first eight counts of the complaint, four counts by Margaret Kleinschmidt as Administratrix ad Prosequendum, and four counts by…