Lyon v. Continental Trading Co.

HEDRICK, Chief Judge.

Based on Assignment of Error No. 3, defendant contends the trial court erred in denying its 12(b)(6) motion to dismiss for the failure of the complaint to state a claim upon which relief could be granted. Defendant argues that the complaint does not allege the elements of a negligence action with sufficient particularity so as to state a cognizable claim.

This Court has on a number of occasions stated the rule applicable to 12(b)(6) motions to dismiss. “A complaint should not be dismissed for failure to state a valid claim unless it appears to a certainty that plaintiff is…