CRUSSELL v. ELECTROLUX HOME PRODUCTS, INC. (W.D.Ark. 8-10-2007)

HARRY BARNES, District Judge

Before the Court is a Motion to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted, (Doc. 9) filed on behalf of Defendant Electrolux Home Products, Inc. ("Electrolux"). Electrolux argues that Plaintiff Deshanda Crussell's claims — seeking recovery for negligent personal injury to her unborn child — are not recognized by the courts of Arkansas and should be dismissed pursuant to Fed.R.Civ.P. 12(b)(6). Electrolux also filed a Motion for Summary Judgment based on the purported failure of Plaintiff's cause of action. (Doc. 7-1). Plaintiff has responded to Electrolux's motions. (Docs. 26, 28). Electrolux has replied to Plaintiff's responses. (Docs. 34, 35). The Court held a hearing on the matter on April 5, 2007. (Doc. 44). For the reasons stated in the Memorandum Opinion of even date, Electrolux's Motions to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted and for Summary Judgment should be and hereby are DENIED.

IT IS SO ORDERED.