JAMES E. SHADID, Chief District Judge.
This matter is before the Court on Claimant Terry Blakely's ("Blakely") Motion to Dismiss or in the Alternative Strike or in the Alternative Require a More Definite Statement [12] Plaintiff, JACK TANNER TOWING COMPANY, INC.'s, ("Tanner") Complaint for Exoneration From or Limitation of Liability [1]. This matter has been fully briefed and this Order follows.
This is an action in admiralty for exoneration or limitation of a vessel owner's liability pursuant to 46 U.S.C. § 30505, et seq. On August 3, 2014, near Havana, Illinois, on the M/V Norman L, owned by Tanner, Blakely, an employee of Tanner, was working as a deckhand. At approximately 7:45 A.M., Tanner was allegedly struck and injured by a grapple hook he was using to remove a tree limb from a shore wire. As a result of the April 3, 2014 incident, Blakely claims he sustained significant injuries to his head and right eye. On December 18, 2014, Tanner filed a Complaint for Exoneration From or Limitation of Liability. On March 5, 2015, Blakely filed the current motion before the Court.
Courts have traditionally held that a complaint should not be dismissed unless it appears from the pleadings that the plaintiff could prove no set of facts in support of his claim which would entitle him to relief. See
For purposes of a motion to dismiss, the complaint is construed in the light most favorable to the plaintiff, its well-pleaded factual allegations are taken as true, and all reasonably-drawn inferences are drawn in favor of the plaintiff.
The requirements for a Complaint for Exoneration from or Limitation of Liability are set forth in Rule F, Section 2 of the Federal Rules of Civil Procedure Supplemental Rules for Certain Admiralty and Maritime Claims. Section 2 specifically states:
As to the request to dismiss the Complaint in its entirety, the request is denied as the Complaint complies with Section (2) of Rule F. The complaint sets forth the jurisdictional statement, who the claimant is and the state of the voyage with the date and place of termination. It addresses the anticipated loss, if any, and unsatisfied liens or claims of lien so far as known to the plaintiff, the fair market value of the vessel, as well as a stipulation for costs or security. In addition, the Complaint sets forth a statement that gives the claimant fair notice of what the claim is and the grounds upon which it rests.
As to the request to strike paragraphs nine and twelve, the request is denied for the reason that follows. Paragraph nine of the complaint states "[t]he incident of April 3, 2014, and any injuries and damages that Blakely may sustained as a result thereof, were not caused or contributed to by any fault, neglect, want of care, or design on the part of Tanner or M/V Norman L or anyone for whom Tanner may have been responsible, but rather was caused in whole or in part by the fault, carelessness and negligence of Blakely." See Docket Entry No. 1, ¶ 9.
Paragraph twelve states "[i]n claiming exoneration from liability for any losses, damages, and/or injuries occasioned or incurred by reason of the incident of April 3, 2014 which is described herein, and for any and all claims arising therefrom, Tanner states it has a valid defense thereto based on facts and the law." See Docket Entry No. 1, ¶ 12.
In addressing Paragraphs 9 and 12, the Court is reminded that a complaint such as this, seeking exoneration, differs from the more typical complaint filed in federal courts. As set forth in Plaintiff's response, complaints generally set out affirmative facts that give rise to the claim. Conversely, in a complaint seeking exoneration, the relief being sought is often based on the proposition that no negligence on Plaintiff's part caused the Claimant's injury or injuries, similar to that of an affirmative defense.
Thus, in requesting exoneration from as well as limitation of liability, Plaintiff's statement that it is free from negligence, read in the entire context of the complaint provides Blakely with sufficient information to give him fair notice of Tanner's claims that it should exonerated or assessed limited liability. Accordingly, Claimant's Motion is denied.
For the reasons set for above, Claimant's Motion to Dismiss or in the Alternative Strike or Require a More Definitive Statement is DENIED [12]. This case is referred to the Magistrate Judge for further proceedings.