Legal Opinion
Metcalf v. Bay Ferries Ltd.
District Court, D. Massachusetts
Decided March 25, 2013No. Civil Action No. 12-40075-TSHPublishedCited by 6 opinions
1Opinion of the Court
*149 MEMORANDUM AND ORDER ON MOTIONS TO DISMISS AND STRIKE
HILLMAN, District Judge.
I. Procedural Background
This is a common law tort action for negligence brought by Kenneth Metcalf (“Mr. Metcalf’) and Nancy Metcalf (“Mrs. Metcalf’) (collectively “Plaintiffs”) against Bay Ferries (“Defendant”) for damages resulting from severe injuries suffered by Mr. Metcalf on August 14, 2009. There is complete diversity of citizenship between the parties, thus subject matter jurisdiction is appropriate under 28 U.S.C. § 1332. This litigation was initiated on June 12, 2012. Plaintiffs allege that Defendant was…
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