JOHN ALLEN and MICHELLE ALLEN v. TITAN PROPANE, LLC, d/b/a Empire Gas of Fair Grove, Defendant-Respondent, CORNERSTONE PROPANE OPERATING, LLC, d/b/a Empire Gas of Fair Grove, and WILMA COOK

GARY W. LYNCH, J., Opinion Author

John and Michelle Allen (referred to individually as John and Michelle and collectively as “the Allens”) appeal from a judgment dismissing with prejudice their lawsuit against Titan Propane, LLC (“Titan”). The Allens claim: (1) the trial court erred in dismissing their “petition with prejudice on the ground that it alleged only ordinary negligence, not ‘gross negligence’ and therefore the allegations were outside the exemption from immunity of § 323.060(5), because it stated a claim against Titan for at least gross negli-genee[,]” 1 and (2) the trial court…