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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY Arianna Molina, by her Parents and Natural Guardians, Melissa Madrid and Jacob Molina and Melissa Madrid and Jacob Molina, individually, Plaintiffs, v. On Semiconductor Corporation and Semiconductor Components Industries d/b/a On Semiconductor, Defendant. Date Submitted: Date Decided: ) ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. N10C-12-267 JRJ

December 28, 2012 March 27, 2013

OPINION Upon Defendants On Semiconductor Corporation and Semiconductor Components Industries d/b/a On Semiconductor's Motion to Dismiss Plaintiffs' First Amended Complaint: DENIED Steven J. Phillips, Esquire (pro hac vice) (argued), Phillips & Paolicelli, LLP, 380 Madison Avenue, 24th Floor, New York, New York, 10017, Aryeh Taub, Esquire, Levy, Phillips & Konigsberg, LLP, 800 Third Avenue, 11th Floor, New York, New York, 10022 (pro hac vice), J. Zachary Haupt, Esquire, Bifferato LLC, 800 North King Street, Plaza Level, Wilmington, Delaware, 19801. Attorneys for Plaintiffs. Kevin J. Connors, Esquire, (argued), Marshall, Dennehey, Warner, Coleman & Goggin, 1220 North Market Street, 5th Floor, Wilmington, Delaware, 19801. Attorneys for Defendants. Jurden, J.

I. INTRODUCTION Before the Court is Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint pursuant to Super. Ct. Civ. R. 12(b)(6). Defendants move to dismiss on the following grounds: (1) there is no viable cause of action for preconception injury under Arizona law; (2) Plaintiffs have failed to plead the essential elements of duty and causation; and (3) Plaintiffs' claims are barred by the exclusivity provision of Arizona worker's compensation law. For the reasons that follow, Defendants' motion is DENIED. II. BACKGROUND/FACTS The minor plaintiff, Arianna Molina ("Arianna"), was born on September 11, 2003 with severe birth defects. 1 Arianna suffers from muscular dystrophy, is confined to a wheelchair, requires a tracheotomy and ventilator to breathe, and requires a feeding tube to eat. 2 Arianna's mother, Melissa Madrid ("Mother"), was employed by Defendants and worked at their semiconductor manufacturing and electrical measuring instrument manufacturing facilities located in Arizona from 1999 through 2003. 3 During her employment with Defendants, Mother worked in and around "clean rooms" and elsewhere at Defendants' Phoenix, Arizona, facilities where

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First Amended Complaint

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