Brumage v. Woodsmall

SNELL, Justice.

This is an interlocutory appeal by defendants Richard Woodsmall, John Williamson, John Mclsaac, and the State of Iowa from a district court order that overruled portions of their motion to dismiss. The portions of the motion to dismiss that were sustained by the court’s order have not been appealed by plaintiffs, Daryl and Peggy Brumage. We affirm in part, reverse in part, and remand.

The principles governing our review are as follows. A motion to dismiss is sustainable only when the pleadings make certain that the pleader has failed to state a claim on which any relief can be…