Dunaway v. Ashland Oil, Inc.

Plaintiffs, Scott and Ronald Dunaway by their mother and next friend, Barbara Dunaway, and Barbara Dunaway individually, appeal from the order of the circuit court of Clinton County dismissing their complaint against five of the named defendants for failure to state a cause of action. Five other defendants were granted summary judgment and an additional defendant was dismissed on other grounds. The summary judgment and the second dismissal are not at issue in this appeal. We affirm.

In reviewing a trial court’s dismissal of a complaint, we must take as true all well-pleaded facts within the…