Kirksey v. Oriental Trading Company Inc.

Outcome

Honeywell's motion to dismiss was granted in part and denied in part. The court denied Honeywell's motion regarding statutes of repose as affirmative defenses because it was not clear from the petition that either statute extinguished plaintiffs' claims at the pleading stage, but granted the motion to dismiss plaintiffs' res ipsa loquitur claim as a separate cause of action.