Rules

In this module, we will address the question of how much factual specificity a plaintiff must include in a complaint for failure to state a claim upon which relief can be granted. We will study only federal court practice.  States differ on this matter, and on many matters traditionally addressed under rules of civil procedure.

To understand what is at stake, consider the following.

1)  A complaint identifies the plaintiff and the defendant, alleges subject matter jurisdiction, then says, "On December 1, 2023, at the corner of Massachusetts Avenue and Everett Street in Cambridge, MA, the defendant caused harm to the plaintiff, which harm caused damage to the plaintiff in the amount of $500,000."

2)  A complaint identifies the plaintiff and the defendant, alleges subject matter jurisdiction, then says, "On December 1, 2023, at the corner of Massachusetts Avenue and Everett Street in Cambridge, MA, the defendant negligently caused harm to the plaintiff, which harm caused damage to the plaintiff in the amount of $500,000."

3) A complaint identifies the plaintiff and the defendant, alleges subject matter jurisdiction, then says, "On December 1, 2023, at the corner of Massachusetts Avenue and Everett Street in Cambridge, MA, the defendant negligently drove a car and hit the plaintiff, which collision caused damage to the plaintiff's body in the amount of $500,000."

4) A complaint identifies the plaintiff and the defendant, alleges subject matter jurisdiction, then says, "On December 1, 2023, at the corner of Massachusetts Avenue and Everett Street in Cambridge, MA, the defendant negligently drove a car and hit the plaintiff, which collision caused damage to the plaintiff's body in the amount of $500,000. The defendant's negligence was the result of their texting while driving down Massachusetts Avenue at the time of the accident."

Which of these complaints, if any, should survive a motion to dismiss the complaint for failure to state a claim upon which relief can be granted?  

Note:  At the time that the plaintiff files a complaint, the plaintiff will not have had access to discovery, the process through which rules of civil procedure compel parties to exchange information with each other.  Thus, with respect to #4 above, it is unlikely that a pedestrian hit by a car would have known that the defendant was texting while driving at the time they filed a complaint because they would not have been able to subpoena the defendant's cell phone records or force the defendant to answer questions under penalty of perjury.