Brief Fact Summary.
Woman brings two claims against two defendants that could have caused the death of her husband in the same complaint
Formal legal document that outlines the basis for which the plaintiff is bringing action against the opposing party.
, even though the liability of one of the defendants would render the other one not liable.
Synopsis of Rule of Law.
A plaintiff may plead two causes of action together in the same complaint even if the allegations are mutually exclusive or contradictory.
The rule is that voluntary intoxication will not excuse a person from such care as may reasonably be expected from one who is sober.View Full Point of Law
Plaintiff McCormick, wife of decedent killed after Defendant Kopmann’s truck crashed into his car, sues Defendant and three other defendants alleging two conflicting claims. The first claim against Defendant Kopmann alleged that Defendant negligently operated his vehicle causing McCormick’s husband’s death. In order to recover under this claim McCormick had to be free from contributory negligence. In the second claim against the two other defendants Anna John and Mary Huls, Plaintiff alleged that the two allowed Plaintiff’s husband to drink in excess before the accident, causing him to be intoxicated and as a result be involved in the deadly accident which killed him.
May a plaintiff plead mutually exclusive or contradictory causes of action in the same complaint?
Yes, a plaintiff may plead mutually exclusive or contradictory causes of action in the same complaint. Judgement of the lower court is affirmed.