Bell v. Novick Transfer Co.
United States District Court for the District of Maryland
17 F.R.D. 279 (D. Md. 1955)
The Bells and their infant child (plaintiffs) sued Novick Transfer Co. (defendant) after a Novick truck collided with the Bells' car and injured the child. Their complaint, removed from state to federal court, alleged that Novick's truck was operated in a careless, reckless, and negligent manner but did not specify the particular negligent acts. Novick moved to dismiss, arguing the complaint failed to state a claim, and alternatively moved for a more definite statement.
Whether a complaint states a claim upon which relief may be granted when it alleges only that the defendant negligently operated a vehicle and thereby caused the plaintiff's injuries, without specifying the particular negligent acts.