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- Attacking the Pleadings
Motion to Dismiss for Failure to State Claim
[Caption]
MOTION TO DISMISS
Defendant [Name] by and through [his/her] attorney [Name of Attorney], and pursuant to 735 ILCS 5/2-615, brings this motion to dismiss Plaintiff [Name]’s complaint for failure to state a cause of action, for the following reasons:
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Plaintiff filed this complaint on [Date], alleging that plaintiff cut [his/her] hand on a scalpel while emptying a wastebasket at work. The defendant [Name] for whom plaintiff works, was later diagnosed with an AIDS related illness. Plaintiff sued defendant under a negligence theory, claiming damages for the fear of contacting AIDS. Nowhere in plaintiff’s complaint does [he/she] allege an actual-exposure to the AIDS virus when [he/she] cut [his/her] hand on the scalpel.
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The Illinois Supreme Court dealt with this issue in Majca v. Beekil, 183 Ill. 2d 407 (1998). There the Illinois Supreme Court ruled that to state a cause of action for fear of contracting AIDS, the plaintiff must plead and prove actual exposure to the virus. Dismissal of the cause of...
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Request your trial- Appendices
- Attacking the Pleadings
- Motion to Dismiss: Statute of Frauds
- Motion to Dismiss: Claim Released
- Demand for Bill of Particulars
- Motion to Strike
- Motion to Dismiss Punitive Damages Claim
- Motion to Dismiss for Failure to State Claim
- Response to Demand for Particulars
- Motion to Dismiss Pursuant to 2-619.1
- Motion to Dismiss: Immune
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