IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
IN AND FOR THE COUNTY OF RIDGEWAY
AMERICAN_STIRLING,
Plaintiff,
v.
MACNCHEEZ23,
Defendant.
___________________________/
CIVIL DIVISION
CASE NO.: 04-2024-CV-002476
JUDGE: HON. ENFORCEMENTBEYOND
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
THIS MATTER came before the Court on Defendant, macncheez23’s Motion to
Dismiss. Plaintiff entered a Civil Complaint against Defendant and served Defendant. Defendant
entered a Motion to Dismiss on March 20, 2024. The Court permitted Plaintiff to enter a reply to
the Motion to Dismiss. Based on the foregoing, Defendant’s Motion is DENIED, for the reasons
explained therein.
I. BACKGROUND
Defendant’s counsel entered the Motion, alleging that Plaintiff’s Civil Complaint had
failed to state a claim upon which relief could be granted, and that such action had been alleged
to have occurred 367 days before the date of the filing of the Civil Complaint. Motion applies a
statute of limitations found in state statute which prohibits the filing of any civil complaint for
the claim of wrongful death beyond ninety (90) days of the occurrence of the action alleged.
Plaintiff submitted a reply to the Motion, arguing that the date in the Civil Complaint had
been a clerical error, and that rather than having taken place in 2023, such action took place in
2024. Plaintiff’s Reply further argues that pursuant to Ridgeway Rule of Civil Procedure 43, the
Court shall disregard errors or defects that do not affect the substantial rights of the parties.
Plaintiff’s Reply argues that Defendant’s Motion alleging that insufficient facts have been pled
are inaccurate, citing Bell Atlantic Corp v. Twombly, 550 U.S. 544 (2006), Plaintiff alleges that
sufficient facts have been pleaded.
II. LEGAL STANDARD
According to 1 R. Stat. § 2404, a statute of limitations is implemented for actions which
allege a wrongful death, neglect, or default. Such statute states:
No civil complaint about a wrongful act, neglect, or default causing death shall be
accepted after ninety (90) days of the listed date of occurrence of the action causing the
dispute.
The state statute is written in clear language, indicating that no complaint shall be
accepted by this Court after ninety (90) days have passed from the action alleged.
According to Ridgeway Rule of Civil Procedure 43, the Court shall dismiss any error
which does not impact any party to the proceeding. Such rule states:
No error in either the admission or the exclusion of evidence and no error or defect in any
ruling or order or in anything done or omitted by the court or by any of the parties is
ground for setting aside a verdict or for vacating, modifying or otherwise disturbing a
judgment or order, unless refusal to take such action appears to the court inconsistent
with substantial justice. The court at every stage of the proceeding must disregard any
error or defect in the proceeding which does not affect the substantial rights of the parties.
Plaintiff alleges in Reply that the statement made within the Complaint alleging that the
action took place in 2023 is a clerical error and that such action did not take place in 2023, but
rather 2024. The Court finds no negligent or malicious intent in the Complaint’s error, and such
error does not appear to cause any effect to the rights of either party, as such, the rule is effective
in this context.
Defendant raises in his Motion to Dismiss that insufficient facts have been pleaded to
allow for the claim to be plausible, though Plaintiff has filed to the opposite, noting that
sufficient facts have been filed. Further, Plaintiff notes that if the Court would disagree, the
dismissal of the action is not the appropriate remedy for the situation. The Court agrees that
sufficient facts have been pleaded, Plaintiff provided sufficient facts that would match the
definition of the tort alleged.
III. CONCLUSION
Accordingly, the Court holds that Defendant’s Motion to Dismiss is DENIED.
SO ORDERED, ADJUDGED, AND DECREED in chambers in Milton, Ridgeway
County, Ridgeway, this 00th day of March, 2024.
/s/ bommes
BOMMES
MAGISTRATE JUDGE
Copies to: Plaintiff / Defendant
AlexJCabot, Counsel for the Plaintiff
Fliply27, Counsel for the Defendant
