The Law School Authority

Lewis v. U.S. Slicing Machine Co. Case Brief

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

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.

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