{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Bell v. Novick Transfer Co.

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

Info icon This preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
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
Image of page 1
This is the end of the preview. Sign up to access the rest of the document.

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...
View Full Document

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern