ROBIN L. ROSENBERG, District Judge.
This cause is before the Court on Defendant's Joseph A. Zacharzewski, in his capacity as trustee of the Walter A. Roney Trust (the "Trustee"), Motions to Dismiss at docket entry 38 in case 18-CV-14156 and docket entry 30 in case 18-CV-14155. The Motions raise identical legal issues, both cases were consolidated by this Court, and the Motions have been fully briefed. For the reasons set forth below, the Motions are both granted.
The Plaintiffs are the personal representatives of estates of two individuals who were passengers in an automobile. DE 24 at 3. Plaintiffs allege that the decedents were killed when a recreational vehicle collided with their vehicle head-on. Id. That vehicle is alleged to have been driven by Mr. Walter Roney, who also died in the crash and who is also represented now by his estate. Id.
Plaintiffs filed separate suits in this Court, bringing claims for negligence and for joint enterprise. The cases were consolidated for the purposes of discovery. Plaintiffs' claims also include counts for negligence against the trustee of Mr. Roney's trust, who in turn filed the Motions presently before the Court.
When deciding a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), this Court must accept all factual allegations in a complaint as true and take them in the light most favorable to the plaintiff; however, a plaintiff is still obligated to provide grounds of his or her entitlement to relief which requires more than labels, conclusions and a formulaic recitation of the elements of a cause of action. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 561-563 (2007). Unwarranted deductions of fact in a complaint cannot be admitted as true for the purposes of testing the sufficiency of the allegations. Aldana v. Del Monte Fresh Produce, N.A., Inc., 416 F.3d 1242, 1248 (11th Cir. 2005). The facts as pled must state a claim for relief that is plausible on the face of the pleading. Iqbal, 556 U.S. at 678-69.
Plaintiffs have brought three counts against the Defendant Trustee. Plaintiffs' Count IV and Plaintiffs' Count V are negligence claims against the Trustee. Plaintiffs' Count VI is a joint enterprise claim against the Trustee. To be clear, these claims are not brought against the estate of Mr. Roney—these claims are against the trust itself.
The Trustee argues that these claims should be dismissed because there is no allegation in the Complaint that the trust was negligent or somehow responsible for Mr. Roney's driving. Upon review of the Complaint, the Court agrees—the Complaint is virtually silent as to the Trustee and the trust. In response, Plaintiffs do not cite to specific allegations that explain how the Trustee should be held liable for Mr. Roney's driving, noting only that Mr. Roney's vehicle was "funded into" the trust. But Plaintiffs have cited to no case law for the proposition that auto negligence claims may be brought against the Trustee. Similarly, Plaintiffs have not alleged that the Trustee or the trust owed any duty to them, nor can the Court discern any legal basis upon which Plaintiffs could make such an allegation. This is a case about an auto accident in Florida, and the Court can see no way (and Plaintiffs have provided none) for the Michigan Trustee or the trust to be held liable for that auto accident.
Additionally, both Florida law and Michigan law bar claims against a trustee for the individual liability of the settlor. Pursuant to Florida law:
Fla. Stat. § 736.1014(1) (emphasis added). In response, Plaintiffs take the position that they can bring a claim against the trust under Michigan law, but the specific law that Plaintiffs cite— Section 700.7605 of the Michigan Trust Code—does not apply in this case. Specifically, Section 700.7605(1) states:
(emphasis added). Thus, on its face, the statute above only applies to: (1) administration expenses of the settlor's estate, (2) enforceable claims of a creditor, and (3) homestead, family, and exempt property allowances. See id. It is clear from Plaintiffs' Complaints that they are not involved in the administration of Mr. Roney's estate, such that they could receive compensation for administering the estate. Plaintiffs cannot seek any homestead, family, or exempt property allowances. Finally, Plaintiffs are not creditors of Mr. Roney.
In summary, Plaintiffs have not alleged any tortious conduct on behalf of the trust or the Trustee and, furthermore, both Florida and Michigan law insulate the trust and the Trustee from the claims in this case. At best, Plaintiffs have alleged that they may, at some point in the future, become a creditor of Mr. Roney's estate. Accordingly, Plaintiffs' claims against the trust and Trustee, Count IV, Count V, and Count VI are all dismissed. Because Plaintiffs have had three opportunities to file complaints in this case and because further amendment on this issue would be futile, the Court's dismissal is with prejudice.
For the foregoing reasons, it is