Hinman et al v. Clean Cut Landscaping & Excavating, LLC et al

Filing 5

MEMORANDUM AND ORDER DENYING 3 Motion to Dismiss. Signed by Judge Deborah K. Chasanow on 7/15/2015. (Chasanow, Deborah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
:
CATHERINE E. HINMAN, et al.
:
v.

:

Civil Action No. DKC 15-1364

:
CLEAN CUT LANDSCAPING &
EXCAVATING, LLC, et al.

:

MEMORANDUM OPINION and ORDER
Defendants

have

moved

to

dismiss

Plaintiffs’

diversity

motor tort case pursuant to Fed.R.Civ.P. 12(b)(6), contending
that the complaint fails to state a claim because Plaintiff
Hinman

was

damages.
of

negligent

as

a

matter

of

law

and

cannot

recover

They assert that Plaintiff entered the travel portion

Solomons

Island

Road

before

she

was

struck

by

Defendant

Pitcher’s vehicle, and that he never left the travel portion of
the highway, where he had the right of way.

Plaintiffs counter

that Defendants misstate the facts alleged in the complaint.
Plaintiffs are correct and the motion to dismiss will be
denied.

While

the

complaint

alleges

that

Plaintiff

Hinman

pulled past the stop sign toward Solomons Island Road, it also
asserts that she did not enter the larger road.

It also states

that Defendant Pitcher’s vehicle veered into the right turn lane
of Solomons Island Road, but instead of making the right turn

onto Skinners Turn Road, he collided with Plaintiff’s vehicle
which was still on Skinners Turn Road.
Under

the

circumstances,

the

motion

to

dismiss

will

be

denied.
Accordingly, it is this 15th
United

States

District

Court

for

day of July, 2015, by the
the

District

of

Maryland,

ORDERED that:
1.

Defendants’ motion to dismiss for failure to state a

claim upon which relief can be granted pursuant to Federal Rule
12(b)(6) (ECF No. 3) BE, and the same hereby IS, DENIED;
2.

The

clerk

will

transmit

copies

of

this

counsel of record.

/s/
DEBORAH K. CHASANOW
United States District Judge

2

Order

to