SMITH v. ST. LOUIS COUNTY SOFTBALL ASSOC.

No. 43892.

623 S.W.2d 38 (1981)

Harold Dwain SMITH, Plaintiff-Appellant, v. ST. LOUIS COUNTY SOFTBALL ASSOC., a corp., and Sports Unlimited, Inc., a corp., Defendants-Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

August 25, 1981.


Attorney(s) appearing for the Case

Leo M. Newman, St. Louis, for plaintiff-appellant.

Joseph L. Leritz, Thomas J. Plunkert, Bradford L. Stevens, St. Louis, for defendants-respondents.


GUNN, Judge.

Plaintiff appeals from an order dismissing his fourth amended petition in an action seeking damages for an injury incurred in a Softball game. He argues that his petition states a cause of action and that the trial court erred in refusing to grant him leave to amend. We affirm.

We first indite the fundamental precepts serving as guideposts for our review. On a motion to dismiss for failure to state a claim, we assume as true all facts properly...

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