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Citation. 345 P.2d 652 (1959)
Plaintiff sued Defendant and the men on Defendant’s property removing a tree, which damaged Plaintiff’s car.
In a complaint, a plaintiff must provide a clear and concise statement of the facts constituting the cause of action.
After his car was hit by a falling tree, Reilly (Plaintiff) sued the owner of the property where the tree was located, Lawrence (Defendant), and Highman, the man hired to cut down the tree. Defendant demurred, arguing that it failed to state a cause of action against him.
Did Plaintiff sufficiently plead a claim against Defendant?
No, Plaintiff did not sufficiently plead a claim against Defendant.
The Court determined that Plaintiff failed to allege a cause of action against Defendant. Under the assumption that Defendant and Highman had a contractee/contractor relationship, the Plaintiff failed to allege facts that would make Defendant liable for inherently dangerous activity committed by his contractor.