Sacks v. Creasy

WOOD, District Judge.

The defendants bring this motion to dismiss the plaintiff’s action pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure. It is their contention that the complaint fails to state a claim upon which relief can be granted. Briefly, the plaintiff has brought a wrongful death action1 and a survival action 2 for the injuries and death of the decedent. The disputed averments of the complaint are contained in the second count as follows:

“12. Plaintiff incorporates by reference the allegations contained in paragraphs 1 to 9 inclusive as fully as though the same were…