Perhaps the collision caused the plaintiff to break her leg or worse. Perhaps the defendant ran a red light and collided with the plaintiff’s vehicle or the plaintiff herself. Using the same example as above, the complaint must also include details about how the defendant was negligent, and how this negligence caused the plaintiff’s injuries. ![]() Specifically, a factual basis for the claim must be established by the complaint. The complaint must do much more than this. The pleading is insufficient because all it does is, in court parlance, “merely recite bare legal conclusions.” In spite of these lax requirements, however, the above pleading example would be insufficient to defeat a 12(b)(6) motion.
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