Halmick v. SBC Corporate Services, Inc.

GARY M. GAERTNER, Judge.

Appellant, Guy Halmick, appeals from an order of the Circuit Court of the City of St. Louis dismissing his third amended petition for failure to state a claim in this personal injury case. We affirm.

In reviewing the granting of a motion to dismiss for failure to state a claim, appellate courts accept as true all facts properly pleaded and all reasonable inferences therefrom. Madden v. C & K Barbecue Carryout, Inc., 758 S.W.2d 59, 61 (Mo. banc 1988). A petition is not to be dismissed for failure to state a claim if any set of facts is asserted which, if proved, would…