Tuesday, April 30, 2024

Complaint Containing Separate Counts Against Separate Defendants Allowed To Proceed Even Though Allegations Substantively Identical

In the case of Gamble v. PACCAR, Inc., No. 23-CV-2147 (W.D. Pa. Feb. 28, 2024 Schwab, J.), the court denied a Defendant’s Motion to Dismiss in which the content of a Plaintiff’s Complaint was challenged.

According to the Opinion, this lawsuit revolved around the mechanisms of a cement truck that had allegedly caused injuries to the Plaintiff.    

The court ruled that, although the Plaintiff’s allegations against three (3) different Defendants were substantively identical, the Plaintiff did not improperly “lump together” the Defendants in the Complaint given that each Defendant was separately sued in separate counts in the Complaint. The court noted that, even more than the Plaintiff, each Defendant should know what it did or did not manufacturer, sell, or distribute, or what liability it allegedly assumed under a successor liability theory.

Accordingly, the court found that the Complaint was not impractical to answer for the Defendants.  As such, the Motion to Dismiss was denied.

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney James Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.