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Pegah Lak Case Summary

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Thank you for retaining The Law Offices of Pegah Lak & Associates for you legal matters. . I have conducted some legal research to better prepare to fight this matter on your behalf. Based on my research and opinion, we have a good chance in dismissing the allegations against your airline. Below you will find the defenses that we can possibly assert by a motion. Failure to state a claim upon which relief can be granted: Motion 12(b)(6). The first motion my office can file on your behalf is Failure to state a claim upon which relief can be granted in accordance to federal rules of civil procedure 12(b)(6). Upon reading the complaint, it was brought to my attention that the complaint lacked prima facie facts of the accident such as in what way …show more content…

In addition the Plaintiff never mentioned her occupation, her salary or how she suffered loss wages. Plaintiff also failed to explain how Hipster Airlines breached its duty. Given that the facts were so minimal and the elements for negligence lacked important substance to support the allegations it is likely that the court may dismiss the action for negligence given that the plaintiff failed to state a proper claim upon which relief may be granted. Vicarious Liability Under the second cause of action vicarious liability, Plaintiff stated that the flight attendant breached the duty of care by “ failing to provide proper and effective instruction to passengers when exiting the aircraft and going down an emergency slide.” However, Plaintiff failed to explain what instructions were or were not given. Defendant’s complaint lacked important substance to support the vicarious liability allegation; subsequently it is likely that our 12(b)(6) motion to dismiss for failure to state a claim will be granted. In conclusion, my legal team and I believe that it is likely that the whole complaint can be dismissed. Please stay in touch , I look forward to hearing from

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