Personal Injury Law

Pleading With Particularity

By John A. Day

The rules of civil procedure in Tennessee ordinarily require that a plaintiff make a "short, plain statement.."  There is an exception - Rule 9 of the TRCP requires pleading with particularity when fraud or mistake are alleged.

Nothwithstanding the general rule, some people believe that more is better.  Here is an example, from a real complaint in a real case:

Plaintiff was operating said vehicle in a safe and prudent manner, lawfully and under conditions commensurate with road and weather conditions on or about January 1, 2009, on Highway X in Some County, Tennessee, when Plaintiff fell asleep and drove off the roadway.  Upon exiting the roadway, the vehicle came to a sudden stop when it collided with a culvert along the side of the roadway.  The vehicle was equipped with airbags which did not deploy in the accident.

(The date and location of the incident has been deliberately changed.)

I thought I was familiar with the "rules of the road," but was unaware that a driver could safely, prudently, and lawfully fall asleep while driving and run off the road.

You learn something every day.

Full post as published by Day on Torts on March 19, 2009 (boomark / email).