Oswald P. Clark

Carlos Melendez was working on a “transmission tower painting crew” for one of several named defendants when he was electrocuted and killed while working in the course and scope of his employment. After his death, Mr. Melendez’s parents settled a workers’ compensation claim against his employer, Morris Painting, and subsequently brought suit against Morris, several electrical utility entities linked to the transmission tower painting project, and three of those entities’ employer who allegedly were involved in the project. 

After the plaintiffs’ original complaint was dismissed as an improper “shotgun pleading,” they filed an amended complaint, lumping together the utility corporations, making allegations that: they “or any one of them ... owned the electricity that killed ... Melendez”; they “or any one of them ... had substantial control over the electricity that killed ... Melendez”; they “or any one of them ... owned the transmission tower and/or the associated equipment that ... Melendez came in contact with when he was killed”; they “or any one of them ... had a possessory interest in the transmission tower and/or the associated equipment that ... Melendez came in contact with when he was killed.” The amended complaint contained several other allegations similar to the ones above with no specificity directed toward the individual defendants, including some general averments against Morris, as well. 

The court granted several motions to dismiss, paring down the complaint significantly. In particular, the court dismissed all claims against the decedent’s employer, with prejudice, because it determined that any amendments to the complaint by the plaintiffs would be futile. As for the so-called “utility defendants” improperly lumped together, the court dismissed all claims without prejudice, providing the plaintiffs another opportunity to amend the complaint with more specific allegations of negligence.

Plaintiffs will often plead complaints in a similar fashion, lumping several defendants together and lobbing general averments of negligence against all of the defendants. This case highlights that defendants must move aggressively to strike improperly pled cases, especially in federal court, where dispositive motions are more likely to be granted. 

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