Costlow v. Cusimano

Defendants appeal from an order which denied their motions to dismiss the complaint for failure to state a cause of action.

Because of the procedural context of the case, the facts alleged in the complaint must be taken as established. Plaintiffs, residents of Jamestown, were the parents of two children. On June 2, 1964, these children, Robert age three, and Marion age two, died by suffocation when they trapped themselves in a refrigerator located at the family’s residence. Defendant Cusimano, employed by defendant Trend Radio, Inc., arrived at the scene and photographed the premises and the…