Young v. Toys R US, Inc.

MEMORANDUM

EDGAR, District Judge.

I

This case is before the Court on the motion (Court File No. 15) of defendant Thomas A. Schütz. Co. (“Schütz”) pursuant to Fed. R.Crv.P. 12 to dismiss all claims against it, except a claim for breach of warranty, for lack of compliance with applicable statutes of limitation.

The relevant facts are as follows. The plaintiff claims to have suffered a personal injury on September 17,1995, when a “Virtual Boy” eyeshade unit fell from a video game display and hit her in the face. On August 28, 1996, plaintiff filed suit in state court against Toys R Us-Delaware, Inc.…