State Farm Fire & Casualty Co. v. Kirby

MEMORANDUM OPINION AND ORDER

KEELEY, District Judge.

This matter comes before the Court on the motion of defendants Stewart R. Kirby and Elizabeth Ann Kirby (the “Kirbys”) to dismiss or stay further proceedings. The issues underlying this motion have been fully briefed in accordance with Local Rule 2.07, and are ripe for review. For the reasons that follow, the Court GRANTS the defendants’ Motion to Dismiss.

I. BACKGROUND

On August 31, 1994, an explosive force of water from a construction site at the top of a hill directly across the street from their home impacted the Kirbys’ home with such…