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UNITED STATES DISTRICT COURT DISTRICT OF MAINE CARYL E. TAYLOR, Individually and as personal representative of the estate of MARK E. TAYLOR, deceased, Plaintiff, v. FORD MOTOR COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) )

Civil No. 06-69-B-W

ORDER ON DEFENDANT'S MOTION TO DISMISS COUNTS IV, V, AND VI This Court grants Defendant's Rule 12(b)(6) motion to dismiss Plaintiff's lack of crashworthiness, denies its motion to dismiss the misrepresentation count, and dismisses without prejudice its motion to dismiss the breach of fiduciary duty count. I. Procedural History On June 2, 2004, Mark Taylor was fatally injured in an automobile accident on Interstate 95 in Penobscot County, Maine while operating a truck manufactured by the Defendant. Compl. (Docket # 1

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Maine Law