Gayton v. Department of Highways

In response to Gayton’s complaint the Department of Highways, State of Colorado, hereinafter referred to as the Highway Department, filed a motion to dismiss, averring “that the complaint fails to state a claim upon which relief can be granted.” The motion was granted and a judgment of dismissal was duly entered, Gayton electing to stand on her complaint. By writ of error Gayton now seeks reversal of this judgment of dismissal, contending that her complaint as drawn is legally sufficient to withstand this motion to dismiss for failure to state a claim. Accordingly it becomes necessary to…