Shurn v. Monteleone

KAROHL, Judge.

Plaintiff, the father of K.S., appeals after the trial court dismissed his two count petition for damages. Count I of the petition sounds in libel and slander. Count II alleges defendant violated plaintiff’s constitutionally guaranteed right to privacy.

Defendant filed a motion to dismiss Count I for failure to state a cause of action and in support thereof alleged: (1) defendant had no duty owed to plaintiff, citing Missouri Child Abuse Statute, §§ 210.110 through 210.160, RSMo 1978; (2) defendant is immune under § 210.135; and, (3) the cause was barred by a two year statute of…