S.I. v. Cutler

S.I. brought an action against H. Michael Cutler and Betty F. Cutler, alleging that because of their negligence, the Cutlers were liable for an assault upon S.I. by a third party which occurred on premises owned by the Cutlers. The district court sustained the Cutlers’ demurrer to S.I.’s third amended petition and dismissed the case. S.I. appeals, assigning as error the district court’s ruling on the demurrer.

SCOPE OF REVIEW

When reviewing an order sustaining a demurrer, an appellate *740court accepts the truth of the facts which are well pled, together with the proper and reasonable inferences of…