Nuncio v. Rock Knoll Townhome Village, Inc.

Opinion by

Kenneth L. Buettner, Vice-Chief Judge and Presiding Judge:

¶ 1 Plaintiff/Appellant Ariel Nuncio, individually and as father and next friend of Sherel Nuncio, a minor, appeals an order dismissing his First Amended Petition for failure to state a claim against Defendants/Appellees Rock Knoll Townhome Village, Inc. (Village), Bill McGraw, Ronald Plato, John Plato, Moriah Plato, and Mildred Plato (collectively, Defendants). Nuncio sued Village, its president and his adjacent neighbors for private nuisance, negligence and breach of contract arising out of the neighbors’ smoking in their…