Widga v. Sandell

Following sustainment of defendant-appellee Elwood Sandell’s general demurrer to her third amended petition, plaintiff-appellant Karen L. Widga, personal representative of the estate of her deceased son, Brandon Dale Widga, elected to stand on that operative pleading. The district court thereupon dismissed the suit. Plaintiff asserts the dismissal was erroneous because in determining that the operative petition did not state a cause of action, the court failed to apply the special rules relating to trespassing children and failed as well to apply the rules pertinent to the res ipsa loquitur…