About:

Basics of the fact pattern are below. Do not assume any facts not listed below. After reviewing the facts, address each version of the complaint, asking whether the complaint meets the pleading standard set forth in Twombly and Iqbal.

Facts:

  • Meg lives in the same house with Brian and Stewie. All three are human adults.
  • Brian drives a blue Toyota Prius.
  • Brian has a drinking problem.
  • Stewie is an inventor with a bad attitude.
  • On Jan. 1, 2014, Meg is driving on the Palmetto Expressway and her car is hit by a blue Toyota Prius. Meg does not see the driver’s face or the car’s license plate. She does, however, see that the driver is drinking out of a bottle in a brown paper bag.
  • Do not assume any facts beyond those provided above.

Instructions:

Below are four versions of allegations regarding liability (note that allegations regarding jurisdiction and prayer for relief are omitted). For each version, engage in the two-step Iqbal analysis. Consider all arguments (including pro and con) regarding whether the complaint states a plausible claim for relief.

Version 1.

Meg sues Brian. Her complaint alleges:

1) On January 1, 2014, Plaintiff Meg’s car was negligently hit on the Palmetto Expressway by a blue Toyota Prius.

2) Defendant Brian drives a blue Toyota Prius.

3) Therefore, Defendant Brian negligently hit Plaintiff Meg’s car.

Version 2.

Meg sues Brian. Her complaint alleges:

1) On January 1, 2014, Plaintiff Meg’s car was negligently hit on the Palmetto Expressway by a blue Toyota Prius.

2) The driver of the Prius was drinking from a brown paper bag.

3) Defendant Brian drives a blue Toyota Prius and has a drinking problem.

4) Therefore, Defendant Brian negligently hit Plaintiff Meg’s car.

Version 3.

Meg sues Brian. Her complaint alleges:

1) On January 1, 2013, Defendant Brian negligently hit Plaintiff Meg’s car while drinking and driving his blue Toyota Prius on the Palmetto Expressway.

Version 4.

Meg sues Stewie. Her complaint alleges:

1) On January 1, 2013, Plaintiff Meg’s car was hit on the Palmetto Expressway by a blue Toyota Prius driven by Brian.

2) Defendant Stewie intentionally used a time-space transportation device to transport Plaintiff Meg’s car into the path of Brian’s blue Prius, intending to cause Brian to hit Plaintiff Meg, and actually causing Brian to hit Plaintiff Meg.

Updated Nov. 9, 2014 (correcting dates & formatting allegations in numbered paragraphs)