Given the task definition and input, reply with output. In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling

the district court dismissed count i because ""without some factual basis for the allegation that an elevated table in a galley was defective or that [ncla] had notice of its dangers, [allen]'s claim for jones act negligence fails as a matter of law."" allen had ""not asserted facts that any instrumentality he was required to use was defective nor [had] he asserted he was instructed to perform his duties in an unsafe manner.""
non-overruling