Van Camp v. McAfoos

BECKER, Justice.

This case comes to us on appeal from trial court’s action in sustaining defendant’s motion to dismiss. We are therefore limited to what can be gleaned from the pleadings.

In Division I of her petition plaintiff sues Mark McAfoos alleging in pertinent part, “That at said time and place defendant Mark McAfoos was operating a tricycle on said public sidewalk, and drove the tricycle into the rear of the plaintiff without warning, striking the right leg of the plaintiff thereby causing an injury to the Achilles’ tendon of that leg.

“That as a direct and proximate cause of this…