Std of Review: Motion to Dismiss for failure to state a claim CR 12.02(f)

CR 12.02(f) provides that the failure to state a claim upon which relief can be granted is a sufficient ground for dismissal of a claim. When a motion to dismiss is made, trial courts cannot grant the motion unless it appears the pleading party would not be entitled to relief under any set of facts which could be proved in support of his claim. Pari-Mutuel Clerks' Union of Kentucky, Local 541, SEIU, AFL-CIO v. Kentucky Jockey Club, 551 S.W.2d 801, 803 (Ky. 1977). “In determining whether a complaint should be dismissed, the issue is a matter of law.” Grand Communities, Ltd. v. Stepner, 170 S.W.3d 411, 417 (Ky.App. 2004).

From:  Akins v. The News Enterprise,  COA Published Decision, 1/28/2011

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