Gettings v. Farr

LAWRENCE G. CRAHAN, Judge.

Brian Gettings (“Plaintiff”) appeals the judgment dismissing his claims against defendants Erik Farr (“Farr”), Joseph Bew-ig (“Bewig”) and Tony Shackelford (“Shackelford”) (collectively “Defendants”) for failure to state a claim upon which relief can be granted. We affirm in part and reverse and remand in part.

A motion to dismiss for failure to state a claim is solely a test of the adequa cy of the plaintiff’s petition. We must assume for purposes of that analysis that all of the plaintiffs averments are true and give the plaintiff the benefit of every reasonable…