The defendant insurer brought a motion to dismiss the plaintiff's action against it.
The plaintiff, who was involved in a fatal collision with a pedestrian, sued his insurer for the alleged negligence of an unidentified driver.
The court found that the plaintiff failed to plead that the unidentified driver caused or contributed to his damages, having expressly pleaded that his losses were caused entirely by the pedestrian and the city.
The court dismissed the action against the insurer, as it was plain and obvious the claim could not succeed without pleading causation.
