Marvin Thompson, Plaintiff and Appellant v. Charles Summers, Defendant and Appellee

Summary

The court held that Thompson's complaint stated legally sufficient negligence claims and that dismissal under Rule 12(b)(5) was improper. The complaint alleged common-law negligence, violations of state aircraft-safety statutes, and violations of federal balloon-piloting regulations, with factual questions concerning duty, statutory or regulatory violations, and proximate cause reserved for later proceedings. The court reversed and remanded for trial. Miller, C.J., concurring in result, agreed that the complaint stated sufficient theories but would have left the rescue-doctrine issue unresolved because it was not presented below.