Smallwood v. Fornaciari

Plaintiff, Gregory Smallwood, brought suit against defendants, Ronald and Geraldine Fornaciari, for injuries he sustained when he fell from the roof of a three-story apartment building owned by defendants. Plaintiff asserted in his complaint that defendants’ roof created an unreasonably dangerous condition not apparent to a trespassing minor. Plaintiff’s suit was dismissed after the trial court found that such pleading failed to state a cause of action.

On appeal, plaintiff now contends that because his complaint, taken as a whole, sufficiently stated a cause of action defendants’ motion to…