Mills v. Continental Parking Corporation

OPINION

By the Court,

Thompson, J.:

This is an appeal from a Rule 12(b)(5) dismissal for failure of the plaintiffs to state a claim upon which relief can be granted. The legal issue is whether the heirs of a pedestrian who was killed by a car driven by a drunken driver have a claim for relief for wrongful death against the operator of a parking lot who surrendered the car to the inebriate with knowledge of his drunken condition. We agree with the district court that a claim for relief was not stated and affirm the dismissal.

The complaint alleges that Donald Lewis bailed his automobile to the…