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Pleadings – Sufficiency (Archibald)

Pleadings – Sufficiency (Archibald). Archibald. Facts As Pleaded. P drove truck to A & K A & K’s dock was full A & K told P to park on Fulton Opposite warehouse? Adjacent to driveway? A & K had custom of doing so A & K knew it was dangerous How? P had no way of knowing

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Pleadings – Sufficiency (Archibald)

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  1. Pleadings – Sufficiency(Archibald)

  2. Archibald

  3. Facts As Pleaded • P drove truck to A & K • A & K’s dock was full • A & K told P to park on Fulton • Opposite warehouse? • Adjacent to driveway? • A & K had custom of doing so • A & K knew it was dangerous • How? • P had no way of knowing • Mugger blew P’s face away

  4. Legal Theory Pleaded • P had legal duty to provide • Safe premises • Safe adjacent areas • Safe ingress & egress • On & beyond premises • EE’s to provide safety • On & beyond premises • Notice of danger • Police protection

  5. Legal Duty Area A & K Building Drive-way

  6. D’s 12(b)(6) Legal Argument • D had no duty unless P was • On Premises • Ingress or Egress • D had no duty on public roads

  7. Legal Duty Area A & K Building Drive-way

  8. P’s 1st Argument Against 12(b)(6) • Extent of premises is fact issue for jury • Jury could find premises extended to where P parked P’s 2nd Argument Against 12(b)(6) • D’s duty to warn/protect etc extended to public street.

  9. A& K “Premises” A & K Building Drive-way

  10. Court’s Reaction to 1st Argument • P never pled that truck was on premises • Instead, clearly distinguished between on & off premises • Besides, extent of premises is a question of law not fact • Doesn’t extend this far, period. • Is Court’s ruling consistent with Conley? • Isn’t there some set of facts under which the truck’s location was on “D’s premises”? • But is this a set of facts that could have been proved “in support of [Mitchell’s] claim” as pled? • Pleading yourself out of court

  11. Suppose P Had Simply Alleged “Truck Was On D’s Premises”? • Would that have survived 12(b)(6)? • Would it have violated Rule 11? • How should D have responded? • Why might P have wanted to frame complaint that way?

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