Freeman et al v. Loudon County Trucking et al

Filing 8

MEMORANDUM OPINION AND ORDER GRANTING 3 MOTION to Dismiss Plaintiff's Bad Faith Count in Complaint. The bad faith claims are DISMISSED WITH PREJUDICE. Signed by Judge Virginia Emerson Hopkins on 8/23/2013. (JLC)

FILED
2013 Aug-23 PM 12:31
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
CHRISTINA FREEMAN, et al,
Plaintiffs,
v.
LOUDON COUNTY
TRUCKING, et al,
Defendants.

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Civil Action No.:
1:13-CV-1386-VEH

MEMORANDUM OPINION AND ORDER
This case comes before the court on the defendant’s motion to dismiss the
plaintiff’s claims for bad faith, pursuant to Rule 12(b)(6) of the Federal Rules of Civil
Procedure, for failure to state a claim upon which relief may be granted. (Doc. 3).
The motion was filed on July 26, 2013. On August 8, 2013, the court entered its
Uniform Initial Order, Appendix III of which requires that opposition briefs be filed
“no later than fourteen (14) calendar days” after a motion is filed. (Doc. 5 at 23). No
opposition to the instant motion was filed.
The motion is due to be GRANTED.
The complaint alleges that
On or about the 27th day of March 2013, upon a public road or highway,
to-wit: at or between the intersections of Noble Street and 23d [sic]
Street, Anniston, Alabama, Norman Dale Franklin negligently and/or
wantonly operated the tractor trailer of his employer, Louden County

Trucking, in such a fashion that the combined and concurring
negligence and/or wantonness of said Defendants caused Plaintiffs to
suffer significant physical and emotional injuries.
(Doc. 1-1 at 7). The complaint alleges, inter alia, the Alabama State law claim of
“Bad Faith.” (Doc. 1-1 at 3-4). The Alabama Supreme Court “has refused to extend
this tort beyond the insurance contract context.” Williams v. Killough, 474 So. 2d
680, 682 (Ala. 1985). Breach of an insurance contract is not an issue in this case.
Accordingly, the motion to dismiss is GRANTED. The bad faith claims are
DISMISSED, with prejudice.
DONE and ORDERED this 23rd day of August, 2013.

VIRGINIA EMERSON HOPKINS
United States District Judge

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