Professional Documents
Culture Documents
Holding: Court lets the wrong def go to trial, and instructs the jury that
defendant admitted they employed Johnson, the employee that acted negligently.
Court had decided that there is a deemed admission that PPI is the operator of the
forklift, which means they will be liable if it can be proved they were negligent.
Rule 8b (USC):
A party shall state in short and plain terms the party's defenses to each
claim asserted and shall admit or deny the averments upon which the adverse party
relies. If a party is without knowledge or information sufficient to form a belief
as to the truth of an averment, the party shall so state and this has the effect
of a denial. Denials shall fairly meet the substance of the averments denied. When
a pleader intends in good faith to deny only a part or a qualification of an
averment, the pleader shall specify so much of it as is true and material and
shall deny only the remainder.
Reasoning: Compliance with Rule 8b required that defendant file a more specific
answer than a general denial. A specific denial of parts of allegation and
specific admission of other parts would have warned plaintiff that he had sued the
wrong defendant.
At least one appellate court has stated that the doctrine of equitable estoppel
will be applied to prevent a party from taking advantage of the statute of
limitations where the plaintiff has been misled by conduct of such party.
Notes
Complaint said forklift was owned, operated and controlled by PPI. PPI leased the
forklift to CCI, so they denied the complaint in general.
P 387 Note 5
a. If you know something is true, but other side cannot prove. What do you
do? You can't ethically deny something that you know is true. By being honest,
you can lose your client. Duty of lawyer is to make the best argument on the
facts as they exist.
b. A alleges something that B does not doubt to be true, but does not know
for sure. - no obligation to admit that which you don’t know. You can answer
that you have no knowledge - this has the effect of denial. Deny knowledge or
information.
c. A alleges something that B does not know for sure happened, but a friend
of B, X, says they saw what A alleges. There is no obligation to supplement the
pleadings with this additional information (as long as first answer was made in
good faith). This is a good as a tactical matter, and also helps for a just,
quick and speedy decision. You can make an amendment to your answer - this will
show that you are honest, but you don’t have to.
If the complaint is written in an organized way, they will get a better answer.
But, the burden is on the responding party.