Haynes v. National Railroad Passenger Corp.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

PREGERSON, District Judge.

This matter is before the Court on the defendant’s motion to dismiss the Complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). After reviewing the papers submitted by the parties and hearing oral argument, the Court denies the motion in part and grants the motion in part.

I. BACKGROUND

In July 2003, Denise Haynes and her son Adam Leander Haynes took an Amtrak train from Chicago to Los Angeles. Upon their arrival in Los Angeles, Denise Haynes allegedly began to experience…