Reque v. Milwaukee & Suburban Transportation Corp.

Wisconsin Supreme Court · Torts

TortsNegligencePleadingProximate Causedemurrercomplaintcausationproximate cause

Facts

The complaint alleged that the plaintiff fell while alighting from the defendant's bus through the center door. It asserted that the bus operator negligently parked the bus at an excess distance from the curb, making it impossible for the plaintiff to step directly from the bus to the curb. The complaint further alleged that this caused her to fall into the street between the bus door and the curb. The opinion treated the allegation of excessive distance from the curb as sufficient to allege a violation of the parking statute, but focused on whether causation was adequately pleaded.

Issue

Does a complaint state a cause of action for negligence when it alleges that a bus operator parked more than 12 inches from the curb and conclusorily states that this negligence directly and proximately caused the plaintiff to fall, without alleging additional facts showing how the negligent parking caused the injury?

Rule

To raise an issue of negligence, a complaint must allege the act or omission relied on and all facts necessary to render that act proximately causal. A demurrer does not admit allegations that are merely conclusions of law, and a bare assertion that defendant's negligence directly and proximately caused plaintiff's injury is insufficient unless the pleaded facts themselves support an inference of causation.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Madison, Nora Kim sued Lakefront Transit Lines after she fell while stepping off one of its buses. Her complaint alleged that the driver stopped the bus more than 12 inches from the curb and that, as a direct and proximate result of that negligent positioning, she fell into the street and was injured.

If Lakefront Transit Lines demurs to the complaint for failure to state a cause of action, how should the court rule?

Explanation. The majority rule is that a negligence complaint must allege the specific act or omission relied on and all facts necessary to render that act proximately causal. An allegation that the bus was parked too far from the curb may sufficiently allege negligent conduct, but the bare statement that this negligence directly and proximately caused the fall is only a conclusion of law, which a demurrer does not admit. Because no additional connecting facts are pleaded, the complaint is defective. (Derived from Reque v. Milwaukee & Suburban Transportation Corp. (n.d.).)