Preview:

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RICHARD L. & SUSAN M. VIETH and ERIE INSURANCE COMPANY, Plaintiffs, v. HOME DEPOT U.S.A, INC. and FIESTA GAS GRILLS, LLC, Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In this civil action for compensatory and punitive damages, plaintiffs Richard and Susan Vieth have brought Wisconsin state law claims of negligence, breach of warranty and strict liability relating to a fire at their home allegedly caused by a gas grill that was designed, manufactured and marketed by defendant Fiesta Gas Grills, LLC and sold by defendant Home Depot U.S.A., Inc. (Plaintiff Erie Insurance Company was recently joined as a real party in interest under Fed. R. Civ. P. 17(a)). Now before the court is defendant Fiesta Gas Grills' motion to dismiss and strike plaintiffs' claims for punitive damages, attorney fees and costs under Fed. R. Civ. P. 12(b)(6) and (f). Dkt. #10. Because defendant Home Depot OPINION AND ORDER 09-cv-605-vis

1

has not joined in the motion, I will refer to defendant Fiesta Gas Grills as defendant in the remainder of this opinion. Before turning to the merits of defendant's motion, I note that plaintiffs' complaint failed to provide the proper allegations to support diversity jurisdiction under 28 U.S.C.

Download 33435.pdf

Wisconsin Law