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Lowder v. Slawson Exploration Company, Inc.

United States District Court, D. North Dakota, Northwestern Division

September 2, 2014

DeAnna N. Lowder, Individually and as Personal representative of the Estate of Jeffery

ORDER ADOPTING REPORT AND RECOMMENDATION

DANIEL L. HOVLAND, District Judge.

The Plaintiff, DeAnna N. Lowder ("Lowder"), initiated this action for negligence and strict liability in the death of her son against the Defendants on February 12, 2014. See Docket No. 1. On March 26, 2014, Defendant Baker Hughes Oilfield Operations Inc. ("Baker Hughes") filed a motion to dismiss for failure to state a claim. See Docket No. 15. The motion was referred to Magistrate Judge Karen K. Klein for a Report and Recommendation. See Docket No. 31. On July 31, 2014, Judge Klein issued her Report and Recommendation in which she recommended Baker Hughes's motion to dismiss the survival claim be deemed moot by virtue of the filing of a second amended complaint, that Baker Hughes's motion to dismiss the strict liability claim be granted and Lowder's request to certify question of law to the North Dakota Supreme Court be denied. See Docket No. 34. The parties were given until August 18, 2014, to file any objections to the Report and Recommendation. No objections were filed.

The Court has carefully reviewed the Report and Recommendation, relevant case law, and the entire record, and finds the Report and Recommendation to be persuasive. North Dakota law does not recognize a claim for strict liability for abnormally dangerous activities. See Mehl v. Canadian Pac. Ry., Ltd. , 417 F.Supp.2d 1104, 1118 (D.N.D. 2006).

Accordingly, the Court ADOPTS the Report and Recommendation (Docket No. 34) in its entirety. Baker Hughes's motion to dismiss (Docket No. 15) is GRANTED as to count two and DENIED as moot as to count one. Lowder's request to certify a question of law to the North Dakota Supreme Court (Docket No. 24) is DENIED.

IT IS SO ORDERED.


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