Mitchell v. Wiltfong

Foth, C.J.:

Mr. and Mrs. Dennis Mitchell brought this action on behalf of themselves and their son, Dennis, Jr., against a neighbor couple, Mr. and Mrs. James Wiltfong. All three plaintiffs claimed damages resulting from defendants’ nine-year-old son. The trial court dismissed the petition under K.S.A. 60-212(h)(6) for failure to state a claim on which relief could be granted. Plaintiffs appeal.

The petition in the first three paragraphs stated the names, residences, and relationships of the parties. It went on:

“4. That plaintiffs’ child, and other children in this neighborhood have been the…