Gaines v. General Motors Corp.

FINDINGS AND RECOMMENDATIONS ON DEFENDANT’S MOTION TO DISMISS

ALEXANDER, United States Magistrate Judge.

This diversity case has been referred to this Court for findings and recommendations pursuant to 28 U.S.C. § 636(b)(1)(B) on a motion to dismiss. Defendant Consolidated Rail Corporation has moved this Court to dismiss the case for failure to state a claim. Fed.R.Civ.P. 12(b)(6).

FACTUAL BACKGROUND

The administratrix of the decedent’s estate brings this suit under the doctrine of attractive nuisance. The following are the allegations of the complaint in summary form. On March 12, 1988, the…