Ritgert v. City of Rehoboth Beach

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

INTRODUCTION

This case compels the Court to resolve the- pressing metaphysical question of when is a bench not just a bench but also a piece of equipment. Helen and John Rit-gert (the “Ritgerts”) brought suit against the City of Rehoboth Beach (“Rehoboth”) to recover damages for injuries caused by a bench which struck Mrs. Ritgert’s leg. In lieu of answering the Ritgerts’ complaint, Rehoboth filed a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted.…