Eadie v. Leise Props., LLC

INTRODUCTION

A natural gas explosion at a rental house injured the next-door neighbors and destroyed the neighbors' house, and they sued based upon a negligence theory. Less than 5 months after the action commenced, without providing a postresponse opportunity to amend and based upon a no-duty-owed conclusion, the district court dismissed the neighbors' amended complaint with prejudice. Because amendment to state a claim was plausible, the district court abused its discretion in dismissing the complaint with prejudice. We reverse, and remand with direction.

BACKGROUND

The rental house next door…