DeLisle and Saunders Obtains Dismissal

Posted on April 16, 2021

Sara Beth DeLisle and Anna Saunders of our Birmingham (AL) Office have recently gotten an order dismissing the Plaintiff’s entire case in federal court. After an altercation at the client’s trampoline park, the Plaintiff filed a lawsuit against them claiming negligent assault and battery, negligent hiring and negligent supervision.

In their Motion to Dismiss, Sara and Anna argued that negligent assault and battery is an oxymoronic claim that is recognized under Alabama law only in limited circumstances and that the Plaintiff’s negligent hiring and supervision claims were not properly pleaded. The United States District Court for the Northern District of Alabama agreed and dismissed Plaintiffs’ entire case with prejudice.

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