Adkins v. Ashland Supermarkets, Inc.

REYNOLDS, Judge.

Upon a motion to dismiss, the Boyd Circuit Court, by order and judgment, dismissed the appellants’ complaint for failure to state a claim against the appellees. The propriety of that ruling is the sole question presented on this appeal.

The appellants, Gene Adkins and wife, Ina Mae Adkins, alleged that while Mr. Adkins was a guest in appellees’ grocery store it was robbed at gun point by a third person. Additionally, it was pled that the robber was known by the appellees as the person who had committed an armed robbery of the grocery store upon a previous occasion and was also…