Corrigan v. Janney

Plaintiff Carmen Corrigan, as personal representative, filed this action in the District Court to recover damages for wrongful death and survival. Defendants, W. P. Janney and Kay Janney, answered by denying the allegations of the complaint, alleging three defenses: (1) failure to state facts sufficient to constiute a claim for relief; (2) assumption of risk; and (3) contributory negligence. A motion for summary judgment was filed on behalf of the Janneys.

Defendants’ motion for summary judgment was based on the theory that no valid claim for relief was stated in the complaint based upon…