ESCHBACH, District Judge.
The captioned matter is now before the Court on defendant's motion to dismiss counts I and II of plaintiff's complaint. The instant action is brought by the personal representative of Alex F. Smith, deceased, who died as a result of injuries received when a truck which he was driving as an employee of Mayflower Mills left the road and overturned. The fatal accident was allegedly caused by a defective tire on the truck driven by the decedent...
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