Thevenot v. Sieber

COOPER, District Judge.

This is a motion brought by defendants pursuant to Rule 12(b) (6), Fed.R. Civ.P., 28 U.S.C.A., which purports to seek the dismissal of part of plaintiffs’ complaint for failure to state a claim upon which relief can be granted. For the reasons set forth below, the motion is denied.

Plaintiffs are the surviving husband and children of Shirley Thevenot, who was killed as a result of an automobile accident, in Nebraska, on September 7, 1960. In their complaint, plaintiffs allege that the accident arose as a proximate result of defendants’ negligence. They seek inter alia to…