Moore Ex Rel. Smith v. Johnson

OPINION

ENSLEN, District Judge.

This case is before the Court on defendant’s motion to dismiss the seventh cause of action alleged in plaintiffs’ second amended complaint. This motion is brought under Federal Rule of Civil Procedure 12(b)(6). This count alleges intentional infliction of emotional distress as to Infant Doe.

Facts

The events giving rise to this case are well-known by the parties. Nonetheless, for purposes of this Opinion, I will briefly detail the relevant facts. Plaintiff, Waymer Moore, alleges that defendant, Earvin Johnson, Jr., wrongfully transmitted the human immunodeficiency…