Gipson v. Slagle

BRECKENRIDGE, Judge.

Barry and Cheryl Gipson appeal from the trial court’s dismissal for failure to state a claim upon which relief can be granted in their action against C. Dexter Slagle. The Gipsons alleged that Slagle was grossly negligent in his preparation of a survey. Gipsons present two points on appeal: (1) that the trial court erred in granting Sla-gle’s motion to dismiss because their petition states a cause of action in negligence per se as the Gipsons are within the class of persons intended to be protected by 4 CSR 30-8.020; and (2) that the trial court erred in granting Slagle’s…