Price v. Halstead

MILLER, Justice:

In this appeal we consider whether the passengers in a motor vehicle may be held liable for the negligence of their driver. The Circuit Court of Boone County dismissed the action against the defendants holding that the complaint failed to state a cause of action under Rule 12(b)(6) of the West Virginia Rules of Civil Procedure.

Our law respecting motions to dismiss is well established. We stated in Syllabus Point 1 of McGinnis v. Cayton, 178 W.Va. 102, 312 S.E.2d 765 (1984):

“ ‘The trial court, in appraising the sufficiency of a complaint on a Rule 12(b)(6) Motion, should not…