Cheryl D. Polk v. Inroads/St. Louis

Plaintiff, Cheryl Polk, brought an action against defendant, INROADS/St. Louis, Inc. (hereinafter INROADS), seeking damages for the intentional infliction of emotional distress. Plaintiff appeals from the trial court's dismissal of her action for failure to state a claim upon which relief can be granted. We reverse and remand. A motion to dismiss for failure to state a claim upon which relief can be granted is solely a test of the adequacy of the plaintiff's petition. Our review of a motion to dismiss for failure to state a claim requires that we consider the pleadings, allowing them their broadest intendment and accepting as true the facts as pleaded with all reasonable inferences arising therefrom. Hyatt v. Trans World Airlines, Inc., 943 S.W.2d 292, 295 (Mo. App. E.D. 1997). If, viewed in this light, the allegations invoke substantive principles of law, which if proved may entitle the pleader to relief, the petition is not to be dismissed. Young v. Stensrude, 664 S.W.2d 263, 264-265 (Mo. App. 1984).