Holland v. Niemi
Citation | 345 P.2d 1106,55 Wn.2d 85 |
Decision Date | 12 November 1959 |
Docket Number | No. 35011,35011 |
Court | United States State Supreme Court of Washington |
Parties | Arvin HOLLAND, Individually, and as guardian ad litem for Bradley Holland, a minor, Appellant, v. John S. NIEMI and Cleta Niemi, husband and wife, Respondents. |
Jack L. Burtch, Aberdeen, for appellants.
J. K. Hallam, Aberdeen, for respondents.
The trial court sustained a demurrer to the amended complaint and entered judgment of dismissal, with prejudice, upon the ground that the amended complaint did not state a cause of action. Plaintiff appeals. The amended complaint reads as follows:
'Comes now the plaintiff, and for a cause of action against the above-named defendants, complains and alleges:
'(1) That the plaintiff is the duly appointed, qualified and acting Guardian Ad Litem of Bradley Holland, a minor.
'(2) That at all times material herein, the defendants were and now are husband and wife, constituting a marital community under the laws of this state, and residents of Grays Harbor County, State of Washington.
'(3) That plaintiff believes, and therefore alleges that at all times material herein the defendants were the owners of the premises located at 512 First Avenue in Aberdeen, Washington, and plaintiff alleges that at all times material herein said defendants had exclusive possession and control of said premises.
premises, and while there was severely injured when the defendants' boat fell upon him.
'(6) That by reason of the negligence of the defendants and the attractive nuisance created by them, Bradley Holland sustained a very severe spiral oblique fracture of the shaft of the right femur, together with bruises and contusions over the body generally. That said monor was hospitalized from July 16th, 1957 to August 14th, 1957, and was for most of said period of time under traction and continual medical treatment. That said minor suffered severe pain and discomfort while undergoing medical treatment and hospitalization, and for a substantial period of time thereafter. That following his discharge from the hospital, Bradley was compelled to wear a cast on his right leg for a period of approximately two weeks, and thereafter to use a wheelchair for a period of approximately eight days. That said minor has at all times since suffered limitation of motion of the right leg and a limp. That by reason of said disability, pain, suffering and discomfort, said minor has been damaged in the sum of $2,500.00.
'(7) That by reason of the aforesaid injuries, Arvin Holland as the father of said child, incurred reasonable and necessary medical expenses on behalf of said minor, as follows:
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