Nastasio v. Cinnamon

COIL, Commissioner.

Appellant Angelina Nastasio, plaintiff below, has appealed from a judgment dismissing plaintiff’s first amended petition after the trial court had sustained defendants’’ motion to dismiss on the ground that the petition failed to state a claim upon which relief could be granted.

Plaintiff, as the widow of Don Nastasio, sought $15,000 damages for her husband’s wrongful death. Her first amended petition averred: that defendants were the owners and operators of a 4-story building in Kansas City, in which were located retail business establishments on the first floor and…