Herzog v. City of St. Louis

CRIST, Judge.

Plaintiff, Mitchell Herzog, appeals the trial court’s order granting defendant’s, City of St. Louis, motion to dismiss plaintiff’s amended petition for failure to state a claim upon which relief could be granted. We affirm.

The facts leading up to plaintiff’s petition are as follows: On October 18, 1985, Amy Ann Pike, plaintiff’s wife, was driving her car in Forest Park on Washington Drive. Her car left the road and was submerged in the Post-Dispatch Lake. As a direct result of this occurrence, she died. Plaintiff, as the surviving spouse of decedent, filed a petition against City…