Briggs v. Woodfin

The Circuit Court of Jefferson County granted defendant's Rule 12 (b)(6), ARCP, motion to dismiss. The plaintiff appeals and we reverse and remand.

The plaintiff sued the defendant for assault and battery. The plaintiff's complaint is as follows:

1. On or about the 30th day of June, 1978, the defendant committed an assault and battery on the plaintiff.

WHEREFORE plaintiff demands judgment against the defendant in the sum of $10,000.00 dollars and costs.

The defendant filed a Rule 12 (b)(6), ARCP, motion to dismiss for failure to state a claim upon which relief can be granted. Specifically, the…