Walenta v. Mark Means Co.

SMITH, Justice.

Appellant (plaintiff) has appealed from a judgment of dismissal, as against respondents Mark Means Co., Inc., and Vernon C. Storey, entered pursuant to I.R.C.P. 12(b) (6), for alleged failure to state a claim upon which relief can be granted. Appellant, in his specifications of error, contends that the trial court erred in granting the judgment for the reasons: (1) that the allegations contained in his complaint state a claim upon which relief can be granted; and (2) that a jury should determine “whether there was an intervening efficient cause as would prevent the negligence…