ADKINS v. ASHLAND SUPERMARKETS, INC.


569 S.W.2d 698 (1978)

Gene C. ADKINS and Ina Mae Adkins, Appellants, v. ASHLAND SUPERMARKETS, INC., a Kentucky Corporation, d/b/a Ashland Foodland, Robert A. Craycraft, and Evelyn J. Craycraft, Individually and as Executrix of the Estate of Clayton B. Craycraft, Deceased, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied September 12, 1978.


Attorney(s) appearing for the Case

William A. Todd, Theodore B. Walter, Lexington, for appellants.

David O. Welch and Ralph T. McDermott, Ashland, for appellees.

Before HAYES, REYNOLDS and HOGGE, JJ.


REYNOLDS, Judge.

Upon a motion to dismiss, the Boyd Circuit Court, by order and judgment, dismissed the appellants' complaint for failure to state a claim against the appellees. The propriety of that ruling is the sole question presented on this appeal.

The appellants, Gene Adkins and wife, Ina Mae Adkins, alleged that while Mr. Adkins was a guest in appellees' grocery store it was robbed at gun point by a third person. Additionally, it was pled that the robber...

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