Bell
v.
Novick Transfer Co.

17 F.R.D. 279 (D. Md. 1955)

What's Going On?

Defendants move to dismiss Plaintiffs' complaint [under rule 12(b)(6)] for failure to state a claim against Defendants upon which relief can be granted.

Who's Who?

Plaintiffs     :

Ronald Bell – infant injured in automobile accident.
Raymond and Levada Bell – parents and representatives of Ronald Bell.

Defendants :

Novick Transfer Co. and Katie Marie Parsons – owners of the tractor-trailer involved in the accident in this case.
Morris Jarrett Coburn, III – operator of tractor-trailer for Novick and Parsons.

Facts:

Plaintiffs' automobile was struck by Defendants' tractor trailer, operated by Defendant Coburn, and owned by Defendants Novick Transfer Co. and Katie Marie Parsons. Plaintiff Ronald Bell, an infant, was injured, and Plaintiffs filed a tort action in a Maryland state court. Plaintiffs' declaration alleged that Defendant Coburn struck Plaintiffs' automobile while negligently operating the tractor trailor, and that Plaintiffs' injuries and damages were the direct result of Defendants' negligence. The case was removed to federal court pursuant to 28 U.S.C. §§ 1441 and 1446. Defendants move to dismiss the declaration [under rule 12(b)(6)] for failure to state a claim against Defendants upon which relief can be granted.

Issue:

Does a complaint satisfy the pleading requirements FRCP 8 by alleging only that the negligence of defendants caused an accident that resulted in injury to the plaintiffs?

Decision:

Yes. FRCP 8 only requires the declaration to contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Plaintiffs' declaration meets this requirement, even if the courts of Maryland would require more. If a defendant needs more information to prepare a defense, such information may be obtained through other discovery procedures, such as interrogatories under Rule 33, or other discovery procedures. Under Rule 12(e), Defendant may only make a motion for a “more definite statement” if it is truly necessary to enable the party to frame a responsive pleading.

Basic Rule:

A complaint meets the pleading requirements of FRCP 8 if it contains a short and plain statement of the claim showing that the pleader is entitled to relief.

Terms:

Declaration :

A document presenting the plaintiff's cause of action. (It is this court's term for “complaint.”)

Interrogatory :

In pretrial discovery, a written question submitted to an opposing party.

Removal :

The transfer of a state action to federal court.

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