Lewis v. U.S. Slicing Machine Co. (1970), U.S. District Ct., Western District of PA
Author: Bram

Cause of action: The following is a diversity action for negligence, breach of implied warranties or merchantability and fitness.

Procedural History: Matter before the court is a motion to dismiss the charge under Fed. Rule 12, alleging the complaint does not comply or has not been drawn consistent with rule 8(a)(2)

Facts: Minor PL allegedly hurt himself while cleaning a meat slicer.

Issue(s): Assuming all facts are true, does the complaint set forth a cause of action?

Court's Rationale/Reasoning: The court finds this is simply a "notice pleading."  Thus, any other information DF wishes to gather could and should be done during the discovery process.  Any other means of trying to disprove a case should come after PL gets a chance to prove its allegations.

Rule: The function of a complaint under the Fed. Rules of Civ. Pro is to afford fair notice to the adversary of the nature and basis of the claim asserted and a general indication of the type of litigation involved.

Holding: Yes. The allegations in the cause of action are not so indefinite so as to deny DF notice of the nature of the claim against it.