Estate of Robinson v. Randolph County Commission

(Filed July 12, 2001)

I concur with the majority opinion’s decision to reverse the dismissal of the Plaintiffs’ claims and to remand this case to the circuit court for additional proceedings. I write separately to underline the need for a full consideration of the claims dismissed below on the erroneous ground that they did not state a claim upon which recovery could be had.

*514A complaint should not be dismissed on a Rule 12(b)6 motion unless it appears beyond doubt that there is no provable set of facts which would entitle the plaintiff to relief. Owen v. Board of Education, 190 W.Va. 677, 441…