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Gilyard v. Chipotle Mexican Grill Inc.

United States District Court, W.D. Louisiana, Shreveport Division

June 14, 2018

TAMERICK GILYARD
v.
CHIPOTLE MEXICAN GRILL INC.

          HORNSBY MAGISTRATE Judge

          MEMORANDUM RULING

          S. MAURICE HICKS, JR., UNITED STATES DISTRICT COURT CHIEF JUDGE

         Before the Court is a Motion to Dismiss (Record Document 15) filed by Defendant Chipotle Mexican Grill, Inc. (“Chipotle”). Chipotle seeks dismissal of Plaintiff Tamerick Gilyard's (“Gilyard”) complaint for compensatory damages. Gilyard has opposed the Motion to Dismiss. See Record Document 19. For the reasons set forth below, the Motion to Dismiss (Record Document 15) is GRANTED and all of Gilyard's claims against Chipotle are DISMISSED WITH PREJUDICE.

         BACKGROUND

         Gilyard regularly consumed Chipotle's food in late January and early February of 2016. See Record Document 15 at 2. After showing symptoms of nausea and stomach pain, he saw a physician for an evaluation. See id. at 3. On February 22, 2016, Gilyard tested positive for Helicobacter Pylori (“H. Pylori”). See id. Gilyard alleges that Chipotle is solely at fault for infecting him with the H. Pylori bacteria. See id. at 4. He further alleges that Chipotle was negligent by:

A. Failing to exercise reasonable care in storing, making, and/or distributing the food;
B. Failing to maintain a safe environment by making and/or serving defective and unreasonably dangerous food;
C. Breaching the implied warranty of merchantability; and
D. Any other acts and/or omissions of fault and/or negligence to be discovered.

Id.

         Chipotle has now filed a Rule 12(b)(6) Motion to Dismiss for failure to state a claim upon which relief can be granted. See Record Document 15-1. Chipotle contends that Gilyard failed to meet the pleading requirements under Fed. R. Civ. P 8(a)(2) by providing conclusory and unsupported allegations. See Record Document 20. Specifically, Chipotle argues that Gilyard failed to prove that he was exposed to H. Pylori while eating at Chipotle; when and how he was exposed to H. Pylori while eating at Chipotle; that Chipotle contaminated or created an environment that could contaminate food; and that Gilyard's contraction of H. Pylori was caused by food, drink and/or utensils at Chipotle. See id. at 1-2. Gilyard opposed the Motion to Dismiss on the grounds that the complaint sufficiently stated a cause of action under Louisiana law. See Record Document 19 at 4.

         The Court will analyze the instant motion under Rule 12(b)(6).

         LAW AND ANALYSIS

         I. Rule ...


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