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Negligence – Wrongful Death – Iqbal Standard – Tractor-Trailer Accident

An Abingdon U.S. District Court says Iqbal applies to state-law claims in federal complaints, and dismisses claims for reckless acts, negligent entrustment, negligent hiring and supervision and punitive damages, in this wrongful death action filed by administrators for a father and son killed when their car was struck was struck by a tractor-trailer as the car sat on the I-81 shoulder.

While we may debate the wisdom of the Iqbal holdings, I am bound by them. The Supreme Court has not yet excluded complaints asserting state law tort claims from the reach of its ruling and I am not authorized to do so.

I will grant the motion to dismiss as to the counts for reckless and wanton acts, negligent and wanton entrustment, negligent and wanton hiring, training, retention and supervision and punitive damages. The present complaint will be deemed not to include those counts or any claim for punitive damages and no further answer is required by defendants. Plaintiff is granted leave to file an amended complaint.

Stanley, Adm’r v. Star Transport Inc. (Jones, J.) No. 1:10cv00010, May 22, 2010; USDC at Abingdon, Va. VLW 010-3-267, 4 pp.

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