Kirby v. Turner-Day & Woolworth Handle Co.
50 F. Supp. 469 · District Court, E.D. Tennessee · 1943
Facts
Plaintiff's intestate was struck and killed by an automobile operated by Skeen Thorne. The car belonged to the defendant, Turner-Day & Woolworth Handle Co. The plaintiff alleged that Thorne was an employee of the defendant and was acting in the course of his employment at the time of the incident. The defendant admitted car ownership and that Thorne was driving, but did not specifically admit or deny Thorne's agency or scope of employment, relying on a general denial. The defendant also pleaded the contributory negligence of the deceased as a bar to the action.
Issue
First, does a general denial satisfy Rule 8(b) when a defendant admits part of an averment but intends to deny another part, specifically regarding agency and scope of employment? Second, must a defendant pleading contributory negligence provide a more detailed statement of the alleged misconduct, including whether intoxication will be claimed?
Holding
The court granted the plaintiff's motion to make the answer more specific regarding the defendant's employee's agency and scope of employment. The court overruled the plaintiff's motion for a more detailed statement concerning the deceased's alleged contributory negligence.
Rule
Under Rule 8(b) of the Federal Rules of Civil Procedure, a general denial is intended for whole averments or paragraphs. If a pleader intends to admit a part of an averment or a qualification, they must specify what is admitted and specifically deny the remainder. It is not permissible to admit a portion and then use a general denial to controvert another portion. For pleading contributory negligence, the actual negligent conduct is what must be pleaded, not the potential causes or circumstances of that conduct. Intoxication, while potentially relevant as proof to show imprudent actions, is a matter of proof and not a required element to be pleaded as an act of negligence itself.
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