Legal Opinion
Dukeminier v. K-Mart Corp.
District Court, D. Colorado
Decided January 26, 1987No. Civ. A. 86-K-482Published
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
KANE, District Judge.
Plaintiff in this diversity action, Marcia Dukeminier, seeks relief for injuries sustained when she stepped through the floor into a trench while shopping at a Cortez, Colorado K-Mart. Her complaint alleges four claims for relief: negligence, gross negligence, outrageous conduct, and strict liability.
K-Mart has filed a motion under Fed.R. Civ.P. 12(b)(6), seeking dismissal of the gross negligence and outrageous conduct claims.
In her response, plaintiff concedes the inapplicability of the strict liability claim. Therefore, her tort action rests…
2Cases cited16 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Gardner v. Toilet Goods Assn., Inc.Supreme Court of the United States · 1967
- John A. Mitchell v. Bruce King, Governor of the State of New MexicoCourt of Appeals for the Tenth Circuit · 1976
- Meiter v. CavanaughColorado Court of Appeals · 1978
- Tri-Aspen Construction Co. v. JohnsonSupreme Court of Colorado · 1986
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