Holland ex rel. Holland v. City of Fenton

CRIST, Judge.

Plaintiffs appeal the order of the trial court dismissing their second amended petition against defendant (city) for negligence in creating and/or maintaining a dangerous condition in a public park owned and maintained by city. We affirm.

When reviewing the dismissal of a petition for failure to state a claim, the facts alleged are taken as true and the pleader is entitled to all inferences fairly deduced therefrom. Counts v. Morrison-Knudsen, Inc., 663 S.W.2d 357, 360 [2] (Mo.App.1983). However, the conclusions of the pleader are not admitted. Id.

The facts as pled by plaintiffs…