[DOWNLOAD] "Mitchell Herzog v. City St. Louis" by Court of Appeals of Missouri " eBook PDF Kindle ePub Free
eBook details
- Title: Mitchell Herzog v. City St. Louis
- Author : Court of Appeals of Missouri
- Release Date : January 29, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Plaintiff, Mitchell Herzog, appeals the trial court's order granting defendant's, City of St. Louis, motion to dismiss plaintiff's amended petition for failure to state a claim upon which relief could be granted. We affirm. The facts leading up to plaintiff's petition are as follows: On October 18, 1985, Amy Ann Pike, plaintiff's wife, was driving her car in Forest Park on Washington Drive. Her car left the road and was submerged in the Post-Dispatch Lake. As a direct result of this occurrence, she died. Plaintiff, as the surviving spouse of decedent, filed a petition against City seeking compensation for wrongful death. City filed its motion to dismiss, alleging plaintiff's petition failed to state a claim upon which relief could be granted. Plaintiff alleged City negligently permitted a dangerous condition, i.e: a body of water immediately adjacent to a curb in a public way, to remain hard by Washington Drive. Thereafter, the trial court dismissed plaintiff's petition. Plaintiff's sole point on appeal is his amended petition stated a claim for relief.
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