Thiele v. Rieter

GARY M. GAERTNER, Judge.

Appellant, Helen Thiele, the mother of the decedent, John Thiele, appeals from an order of the Circuit Court of the City of St. Louis sustaining respondents’, Michael and Pat Rieter’s, d/b/a The On Broadway Bistro’s, motion to dismiss for failure to state a claim in this wrongful death action. We affirm.

In reviewing 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…