Atlantic Mutual Insurance v. Jardis Industries, Inc.

*941ORDER

Atlantic Mutual Insurance Company, as subrogee of Tensor Group, is seeking to recover for damages that employees of Jardis Industries, Inc., caused to a newly purchased machine when they negligently loaded another machine into the truck that was carrying Tensor’s machine. The district court dismissed Atlantic’s claim against Jardis for failure to state a claim, see Fed.R.Civ.P. 12(b)(6), on the theory that Jardis had no duty to put the second machine into the truck and thus it could not be liable to Tensor. On appeal, Atlantic stresses the fact that its case did not rest on any supposed…