Terry v. Irish Fleet, Inc.Annotate this Case
The Supreme Court affirmed the judgment of the circuit court ruling that Plaintiff’s amended complaint alleging a wrongful death action failed to state a claim for which relief could be granted against Irish Fleet, Inc. and Reginald Morris under a theory of assumed duty.
Plaintiff, the administrator of the estate of Peter Ambrister, brought this wrongful death action against Defendants arising from the murder of her husband, a taxicab driver, by his passenger. Irish Fleet and Morris filed demurrers to Plaintiff’s amended complaint, asserting that Plaintiff failed to allege sufficient facts to support a cause of action based on a theory that they assumed a duty to Plaintiff. The circuit court sustained the demurrers. The Supreme Court affirmed, holding that the circuit court did not err in ruling that the amended complaint failed to state a claim for which relief could be granted against Defendants under a theory of assumed duty.