Mather v. Northcutt

THREADGILL, Judge.

The appellants, plaintiffs below, challenge the dismissal with prejudice of those counts of their second amended complaint, which alleged negligence against Appellees U-Haul of West Coast Florida, Inc. and Don Olson Firestone, Inc., for failure to state a cause of action. We affirm the dismissal of U-Haul but reverse the dismissal of Firestone.

To state a cause of action in negligence, a complaint must allege ultimate facts which establish a relationship between the parties giving rise to a legal duty in the defendant to protect the plaintiff from the injury of which he now…