Frost v. Cook

Brazil, J.:

Gary Frost appeals from the district court’s dismissal of his cause of action for failure to state a claim against Cook. The cause of action originated in small claims court and was before the district court on appeal. Frost argues the trial court erred in dismissing his claim and in awarding costs to Cook.

We agree and reverse and remand with directions.

Frost lived at Landmark Plaza Apartments in Topeka. In March 2001, he discovered his bicycle was missing and at that time believed it had been stolen. Frost claims that in September 2001, he was told by a custodian that he had been…