District Court, D. Kansas February 4, 2002, 2:01-cv-02528 (Holler v. Cinemark USA, Inc.)

MEMORANDUM AND ORDER

VRATIL, District Judge.

James Bryan Holler brings suit against Cinemark USA, Inc. (“Cinemark”) for negligence (Count I) and negligence per se (Count II). Cinemark moves to dismiss Count II pursuant to Rule 12(b)(6), Fed. R.Civ.P. This matter is before the Court on Defendant’s Motion To Dismiss (Doc. # 4) filed November 13, 2001.