Dennis Light v. Edgar Joseph Lane Book Reviews

Dennis Light v. Edgar Joseph Lane by Missouri Court of Appeals St. Louis District Book Summary

Plaintiffs appeal from the dismissal of their suits for failure to state a claim against defendants-respondents: the City of Pacific, Robertsville Fire Department, Pacific Fire Protection District, and Southwestern Bell Telephone Company. These suits arise from one automobile accident and have been consolidated by the appellants due to the similarity of the petitions and issues presented for review. On a motion to dismiss for failure to state a claim, the court will assume to be true all facts alleged by plaintiffs as well as all reasonable inferences which can be deduced from those facts. Laclede Gas Co. v. Hampton Speedway Co., 520 S.W.2d 625, 629[4] (Mo.App. 1975); Hunt v. Dallmeyer, 517 S.W.2d 720, 723[4] (Mo.App. 1974). Matters raised by defendants in their motion to dismiss do not prove themselves and msut be supported by the petition or evidence in the transcript to be the basis for a dismissal. Rjle 55.27; Johnson v. Great Heritage Life Insurance Co., 290 S.W.2d 686, 689[5] (Mo.App. 1973); Cobb Builders, Inc. v. Naidorf, 472 S.W.2d 33, 34[1] (Mo.App. 1971); Fine v. Waldman Mercantile Co., 412 S.W.2d 549, 551[1] (Mo.App. 1967). Under these authorities, it is clear that the trial court correctly held that appellants have not stated a cause of action against each respondent. The decision is affirmed.

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