Doherty v. McMillen

PUDLOWSKI, Presiding Judge.

On January 25, 1989, appellant Doherty filed a petition in the Small Claims Court of St. Louis County, Missouri, against respondent Asplundh Tree Expert Co. Appellant alleged an assault by respondent McMillen, Asplundh’s employee and appellant’s supervisor. On March 20,1989, this petition was dismissed for failure to state a claim upon which relief can be granted. On that same day, appellant filed another petition against respondent McMillen stating the same allegations as the first petition. On April 17, 1989, respondent McMillen’s motion to dismiss the second…