Dilley v. S&R Holdings, LLC

¶1 Thirteen-year-old Jack Dilley died from injuries he sustained when he drove an all terrain vehicle (ATV) into a pit on S&R Holdings, LLC’s property. The Dilley family sued S&R Holdings and the SBR Company, a previous owner of the property, for wrongful death, alleging that each knew of the dangerous pit. SBR moved for dismissal under CR 12(b)(6), arguing that because the Dilleys alleged S&R Holdings, the current owner, knew of the dangerous condition, SBR could not be liable because its liability arose only if S&R Holdings did not know of the condition. But because a party may allege…