Bell v. Novick Transfer Co.

Bell v. Novick Transfer Co. - fails to allege the specific...

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Civil Procedure 8/28/08 Bell v. Novick Transfer Co., District Court of Maryland, 1955 Facts of complaint : Ronald Bell was riding in a car that was hit by a tractor trailer. The Declaration alleges the injuries and damage, and that they were the direct result of the negligence on the part of the defendants without any contributing negligence on the part of the plaintiffs. Procedure : lower court was Court of Common Pleas of Baltimore City. The case was removed to this court pursuant to 28 U.S.C. §§1441 and 1446. Defendants have moved to dismiss the Declaration because it (1) fails to state a claim against the defendants upon which relief can be granted; (2) alleges only that an accident occurred due to the negligence of the defendants as a result of which the plaintiffs were injured; and (3) it
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Unformatted text preview: fails to allege the specific acts of negligence by the defendants which the plaintiffs complain. Holding : motion is overruled. Reasoning : The Declaration meets the requirements of Rule 8, Fed. Rules Civ. Proc., which requires only a short and plain statement of the claim showing that the pleader is entitled to relief. Defendant is not entitled to a more definite statement by motion under Rule 12 (e). Although some courts have held that such a motion is the correct procedure to follow if a party needs further information to prepare his defense, the better rule of law is that such information should be obtained by interrogatories under Rule 33, or other discovery procedure, unless it is really necessary to enable the party to frame his responsive pleading. Rule 8 Rule 11...
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This note was uploaded on 04/10/2011 for the course LAW 503 taught by Professor Hoffheimer during the Fall '08 term at Ole Miss.

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