Legal Opinion

Trotter ex rel. Trotter v. Sirinek

Missouri Court of Appeals

Decided October 15, 1974No. 35502PublishedCited by 6 opinions

1Opinion of the Court

KELLY, Judge.

This is an appeal from an order of the Circuit Court of the City of St. Louis dismissing appellant’s amended petition on the grounds that it fails to state a claim upon which relief can be granted. We reverse.

Where a petition is. attacked by a motion to dismiss for failure to state a claim the facts alleged are taken to be true and the pleader is entitled to all favorable inferences fairly deducible therefrom; if the facts pleaded and the reasonable inferences to be drawn therefrom, looked at *68most favorably from the plaintiff’s viewpoint, show any ground for relief, then the…

2Cases cited4 opinions

  1. Warrem v. ParrishSupreme Court of Missouri · 1969
  2. Johnson v. Great Heritage Life Insurance Co.Missouri Court of Appeals · 1973
  3. Pogue v. SmallenSupreme Court of Missouri · 1956
  4. Parrott v. ReisMissouri Court of Appeals · 1969

3Cited by6 opinions

  1. Greening v. KlamenMissouri Court of Appeals · 1983
  2. Burckhardt v. General American Life Insurance Co.Missouri Court of Appeals · 1975
  3. Vorbeck v. McNealMissouri Court of Appeals · 1977
  4. Goodwin v. GoodwinMissouri Court of Appeals · 1979
  5. Matthews v. LedbetterMissouri Court of Appeals · 1978

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