Pagan v. Holman

Plaintiff’s fourth and sixth amended complaints were dismissed with leave to amend for failure to state causes of action. Plaintiff declined to amend further, whereupon trial judge dismissed his actions with prejudice.

Plaintiff’s amended complaints were based upon the same occurrence — a collision on a through highway involving three vehicles. The relevant paragraphs of his complaints are identical.

Ignoring evidentiary matters, legal conclusions and other defects,1 the complaints allege negligence and proximate cause in language substantially as follows: Defendant-Swicord suddenly decreased…