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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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facts as pleaded
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
legal theory pleaded
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
slide5

Legal Duty Area

A & K Building

Drive-way

d s 12 b 6 legal argument
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
slide7

Legal Duty Area

A & K Building

Drive-way

p s 1 st argument against 12 b 6
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.
slide9

A& K “Premises”

A & K Building

Drive-way

court s reaction to 1 st argument
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
suppose p had simply alleged truck was on d s premises
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?