Schutte v. Sitton

KELLY, Judge.

Betty Schutte and Kim Ward appeal from the judgment of the trial court dismissing appellants’ wrongful death action against respondents City of Hermann and Robert Sitton, a police officer for the City of Hermann, for failure to state a claim upon which relief can be granted. Rule 55.27(a)(6). The judgment of the trial court is affirmed.

In determining whether plaintiffs have stated a cause of action we assume every pleaded fact as true and take every favorable inference which may be reasonably drawn from the facts pleaded. Buller v. Pulitzer Pub. Co., 684 S.W.2d 473, 476[1]…