Madden v. C & K Barbecue Carryout, Inc.

BILLINGS, Chief Justice.

These two cases have been consolidated for purposes of appeal. In Madden v. C & K Barbecue Carryout, Inc., plaintiff’s cause of action was dismissed for failure to state a claim. In Decker v. Gramex Corporation, plaintiffs’ case was dismissed on motion for summary judgment. The Court concludes that the petition in Madden was sufficient to withstand a motion to dismiss, and that the affidavits in the Decker case, broadly construed, demonstrate the presence of a fact issue of negligence. Reversed and remanded.

THE MADDEN CASE

At approximately 7:00 p.m. on December 15, 1984…