Wallington v. Carry

Plaintiff appeals from a summary judgment granted in favor of defendants on the ground that plaintiffs complaint failed to state a claim upon which relief can be granted. GCR 1963, 117.2(1). We reverse.

Plaintiff, Nora Wallington, was two years old. She was scalded by hot water from the bathtub faucet in the single family residence rented by her parents. She seeks damages from the co-owners of the premises. The trial court ruled that plaintiffs complaint failed to state a cause of action because it was "absolutely devoid of any factual allegations which could, in any light, be construed as a…