Doe v. Wal-Mart Stores, Inc.

This is an appeal 1 by Jane Doe, an individual who was criminally assaulted in a shopping center parking lot, from an order of the Circuit Court of Raleigh County dismissing her tort action against the owner of the parking lot and against the owner and manager of a store that used the parking lot. The action was dismissed under Rule 12(b)(6) of the West Virginia Rules of Civil Procedure on the ground that the appellant had failed to state a cause of action upon which relief eould be granted. On appeal, the appellant contends that the circuit court erred in granting the Rule 12(b)(6) motion…