Sierocinski v. E. I. Du Pont de Nemours & Co. – Case Brief
Sierocinski v. E. I. Du Pont de Nemours & Co., 103 F.2d 843 (3rd Cir. 1939).
Facts: Sierocinski sued E. I. Dupont (D) for personal injuries received while crimping a dynamite cap manufactured by D. P alleged in his complaint that the dynamite cap exploded prematurely and claimed negligent manufacturing. P also alleged that D shipped the dynamite caps in a manner that was incompatible with crimping and that D knew that the caps would be subjected to crimping. The court granted D’s motion to dismiss for failure to state any specific act of negligence. P appealed.
Issue: What must the plaintiff allege in the complaint in order to withstand summary judgment for failure to state a claim?
Holding and Rule: A claim for relief requires a short and plain statement of the claim showing that the pleader is entitled to relief. All pleadings are construed as to do substantial justice and no technical forms of pleading or motions are required. While the pleading must meet these requirements, the plaintiff is not required to plead evidence. I is entitled to obtain more information regarding the case to prepare its defense through interrogatories if necessary. In some cases a plaintiff will know that negligence is involved but may not be able to pinpoint the source or cause until discovery.
Disposition: Reversed.