Estate of Martinez ex rel. Cowan v. Post Buckley Schuh Jernigan, Inc.

On this appeal from the dismissal of an amended complaint in a child drowning-wrongful death case for failure to state a cause of action, the order under review is vacated and the cause remanded for a determination by the trial court as to whether the building permit and other pertinent documents relating to the construction and maintenance of the lake in which the child drowned create a mandatory slope requirement (which the plaintiffs allege the appellees violated). If the court so finds, or if a jury question is presented on the issue, the complaint should not be dismissed. See Gilbertson…