Whitehair v. Highland Memory Gardens, Inc.

MILLER, Justice:

The plaintiff appeals this suit which seeks damages for the mishandling and loss of several bodies during their exhumation and reburial. The Circuit Court of Upshur County granted defendant’s motion to dismiss on the ground that the complaint failed to state a claim upon which relief could be granted. For the reasons set out, we reverse the judgment.

Because this case was dismissed under Rule 12(b)(6) for failure to state a claim upon which relief can be granted, we apply the traditional standard set out in Syllabus Point 3 of Chapman v. Kane Transfer Co., Inc., 160 W.Va. 530,…