Jones v. Billings

WEBBER, Justice.

Plaintiff brought action as personal representative of Michael L. Jones, deceased, seeking damages for the alleged wrongful death and conscious suffering of the decedent. The complaint alleges the deceased child, aged three years, climbed or fell into a cesspool on the premises of the defendant, negligently left open and unprotected by the defendant. The complaint does not recite the claimed status of the decedent on defendant’s premises nor does it allege the nature of the duty claimed to be owed by the defendant to the decedent. The defendant elected to attack the complaint…