Roberts v. American Brewed Coffee

This appeal is from an order dismissing the plaintiffs’ amended complaint, on the ground that it fails to state a claim upon which relief can be granted.

The amended complaint alleges that plaintiff Janita Roberts, an appellant, is the mother of plaintiff Cheryl Kay Roberts, four years of age; that the defendants Américan Brewed Coffee and Dexter R. Woods, the appellees, oper ate a mobile vending business, selling ice cream from trucks, under the name of “Mister Softee”; that, on August 24, 1971, at approximately 4:20 p. m., they were operating such a truck on Rhodes Avenue, in the city of…