Smith v. St. Louis County Softball Assoc.

GUNN, Judge.

Plaintiff appeals from an order dismissing his fourth amended petition in an action seeking damages for an injury incurred in a softball game. He argues that his petition states a cause of action and that the trial court erred in refusing to grant him leave to amend. We affirm.

We first indite the fundamental precepts serving as guideposts for our review. On a motion to dismiss for failure to state a claim, we assume as true all facts properly pleaded by the plaintiff and all reasonable inferences that can be deduced therefrom. Concerned Parents v. Caruthersville School Dist. 18,…