Nappier v. Kincade

KELLY, Judge.

Kenneth Nappier and Pamela Nappier, (hereinafter “appellants”), bring this appeal from an order of the Circuit Court of the City of St. Louis dismissing their petition for failure to state a claim upon which relief might be granted. For reason hereinafter stated we reverse and remand with directions.

Appellants instituted this cause of action under the Missouri Wrongful Death Statute, § 537.080, RSMo 1978. Counts I and Y of the petition are the only counts involved in this appeal and relate only to appellants’ claim against White Castle System, Inc., (hereinafter “respondent”). 1

Th…