Sides v. St. Anthony's Medical Center

OPINION CONCURRING IN RESULT

DON E. BURRELL, JR., Special Judge.

I respectfully disagree with the majority’s characterization of what is at issue in this case. The issue is simply whether the plaintiffs’ current petition, on its face, states a claim for which relief can be granted. This Court reviews de novo the trial court’s dismissal to determine whether the petition “invoke[s] principles of substantive law.” Weems v. Montgomery, 126 S.W.3d 479, 484 (Mo.App.2004). All aver-ments in the petition are assumed to be true, and the Court “liberally grant[s] all *823reasonable inferences therefrom.”…