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Bouchard v. La Parmigiana S.R.L.

2017 Complaint Dismissed on Res Judicata Grounds Based on 2015 Suit's Dismissal

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION   Brett Bouchard (“Plaintiff”), a resident of Massena, New York, brings this action against La Parmigiana S.R.L., Macchine E Impianti Per La Pasta (“Defendant”) seeking damages for personal injuries sustained while using one of Defendant’s pasta making machines. See generally Dkt. No. 2, Complaint. Defendant, a foreign company based in Italy, manufactures pasta making machines and sells them to distributors. See id. Defendant has moved to dismiss Plaintiff’s complaint pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure and on res judicata grounds. See generally Dkt. No. 13, Def.’s Mot. Dismiss. II. BACKGROUND On April 24, 2014, while employed at Violi’s Restaurant in Massena, New York, Plaintiff’s right hand was caught in a component of a model D65 DV pasta making machine that Defendant manufactured, which resulted in the amputation of Plaintiff’s lower arm. See Dkt. No. 2 at

 
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