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Segura v. M Cubed Technologies, Inc.

Superior Court of Delaware

April 4, 2019

RAUL SEGURA and ELENA FLORES husband and wife, Plaintiffs,
v.
M CUBED TECHNOLOGIES, INC.; II-VI INCORPORATED; QUANTUM CONTROLS, INC.; TOSHIBA AMERICA, INC.; OLD FORGE ASSOCIATES, L.P.; WESTINGHOUSE ELECTRIC CORP.; CBS CORPORATION; and EATON CORPORATION, Defendants.

          Submitted: January 23, 2019

         Upon Defendants' M Cubed Technologies, Inc. and II-VI Incorporated Motion to Dismiss GRANTED IN PART AND DENIED IN PART

          Michael P. Minuti, Esq., McCann & Wall, LLC, Wilmington, Delaware, Attorney for Plaintiffs Raul Segura and Elena Flores.

          Amy M. Taylor, Esq., Heckler & Frabizzio, Wilmington, Delaware, Attorney for Defendants M Cube Technologies, Inc. and II-VI Incorporated.

          Sarah B. Cole, Esq., Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, Delaware, Attorney for Defendant Quantum Controls, Inc.

          Barnaby Grzaslewicz, Esq., Morris, Nichols, Arsht, & Tunnell LLP, Wilmington, Delaware, Attorney for Defendants Westinghouse Electric Corporation, CBS Corporation, and Eaton Corporation.

          Cynthia G. Beam, Esq., Reger, Rizzo, & Darnall LLP, Wilmington, Delaware, Attorney for Defendant Old Forge Associates, L.P.

          FACTUAL AND PROCEDURAL BACKGROUND

          Hon. Andrea L. Rocanelli, Judge

         On Monday, June 27, 2016, while in the course and scope of his employment with M Cubed Technologies, Inc., Plaintiff Raul Segura ("Employee") was injured when a transformer switchbox located within the industrial manufacturing facility exploded ("Work Accident"). In connection with this Work Accident, Employee received workers' compensation benefits. Plaintiffs Raul Segura and Elena Flores ("Plaintiffs") brought this action alleging negligent and/or intentional conduct by various defendants, including M Cubed Technologies, Inc. and its parent company, II-VI Incorporated ("Employers"). The record does not allege any independent basis of liability for II-VI Incorporated.

         Employers move to dismiss Counts 1, 2, 3, 6, and 12 of the Complaint for failure to state a claim upon which relief can be granted, contending that Plaintiffs' sole remedy with respect to Employers is the receipt of workers' compensation benefits. Employers also assert that Plaintiffs have failed to state a claim upon which relief can be granted with respect to Count 8, as spoliation is not a legally cognizable cause of action in Delaware.

         Plaintiffs and Co-Defendant Quantum Controls, Inc. ("Quantum") oppose the Motion to Dismiss. All other defendants either have taken no position or have not opposed the motion. The Court heard oral argument on January 23, 2019. This is the Court's decision on Employers' Motion to Dismiss.

         STANDARD OF REVIEW

         In deciding a motion to dismiss for failure to state a claim upon which relief can be granted under Superior Court Rule of Civil Procedure 12(b)(6), the Court shall accept all well-pleaded allegations as true and make all reasonable inferences in favor of the non-moving party.[1] Factual allegations, even if vague, are well pleaded if they provide notice of the claim to the other party.[2] The Court should deny the motion ...


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