Bell v. Novick Transfer Co.

17 F.R.D. 279 (D. Md. 1955)


Bell's (P) tort action in a truck accident was removed to federal court. P, a minor, was injured when the car he was riding in was hit by a tractor-trailer. Novick (D) and Parsons (D1) owned the truck which was operated by Coburn (D2). The complaint, or as it is called in Maryland the declaration, alleged the basic facts of the situation and that an agent of D drove a truck negligently such that it hit the car in which P was riding, causing injury to P. The removal was accomplished under 28 U.S.C. 1441 and 1446. The complaint alleged that there was no contributory negligence. D moved to dismiss the complaint for failure to state a cause of action. D argued that under the Maryland rules the complaint could not stand as it failed to allege a specific act of negligence that resulted in injury to P. The complaint did list P’s injuries and the damages and claimed they were caused by Ds’ negligence.