Tuesday, May 14, 2013

Judge Nealon of Lackawanna County Addresses Proper Pleading of a Complaint

In his recent decision in the case of Rogers v. Thomas, No. 2012 - CV - 1464 (C.P. Lacka. Co. May 10, 2013 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas entered a demurrer on claims asserted against a parent for the alleged shooting of another by an adult child.  The court dismissed that claim after finding that there was no evidence to show that the parent had any control over the gun used in the alleged shooting.

Judge Nealon's Opinion is also interesting for the analysis of the current law on a variety of issues pertinent to the proper pleading of a Complaint in a civil litigation, including such issues as:
  • Erroneous Pleading of Punitive Damages Claim as Independent Cause of Action;
  • Striking of Impertinent Matters in Complaint;
  • Sustaining Objections to repeated use of nonspecific term "Defendants" in allegations of the Complaint against multiple Defendants, without specifying which allegations applied to what defendants.
Anyone wishing to review Judge Nealon's Opinion in the Rogers case may click this LINK.

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