Johanna Howard v. PKD, Incorporated d/b/a Total Systems Contracting, Nidec Motor Corporation, and Motion Control Engineering

Summary

The court partially granted and partially denied Nidec Motor Corporation’s motion to dismiss an elevator-injury negligence action. The court dismissed Motion Control Engineering because the parties agreed it was not a proper defendant, but held that the complaint plausibly alleged duty, breach, causation, and damages against Nidec.

Holdings

1. The complaint plausibly stated an Illinois negligence claim against Nidec because it alleged Nidec's responsibility for installing or maintaining the elevators, facts suggesting breach of its duty of care, a reasonable inference of proximate causation, and resulting injuries and damages.
2. Motion Control Engineering was dismissed from the case because the parties agreed that it was not a proper party and could not be sued.

Questions Presented

1. Whether Howard's complaint stated a plausible Illinois negligence claim against Nidec under Rule 12(b)(6).
2. Whether Motion Control Engineering, which the parties agreed had been dissolved and could not be sued, should be dismissed from the action.

Disposition

other