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.
