Dutson v. Nationwide Mutual Insurance

This is a plaintiff’s appeal from an order of the Superior Court granting the defendant’s motion to dismiss the plaintiff’s complaint because it failed to state a claim upon which relief could be granted.

The plaintiff, Harry Dutson, is Nationwide’s insured. He is suing on his own behalf and on behalf of his son, Peter, who is also insured under Nationwide’s policy. Peter was injured when a motor bike he was operating collided with another motor bike operated by Michael Peloso. The bike Peter was driving was owned by his brother, Robert. Robert and Peter both lived in their parents’ home.

The…