Bramon v. U-Haul, Inc.
| Decision Date | 27 May 1997 |
| Docket Number | U-HAU,INC,No. 70916,70916 |
| Court | Missouri Court of Appeals |
| Parties | Michael BRAMON, Kenneth Coolley, individually and as Next Friend for Lance Coolley, Appellants, v.& Jerry Hawkins d/b/a/ The Packaging Store, Respondents. |
Randall A. Bauman, Martin M. Bauman, Bauman & Bauman, St. Louis, for Appellants.
Peter B. Hoffman, Matthew J. Eddy, Kortenhof & Ely, P.C., Calea Stovall-Ried, St. Louis, for Respondents.
Michael Bramon and Kenneth Coolley, individually and as next friend for Lance Coolley, (plaintiffs) appeal from the judgment of the trial court in favor of U-Haul, Inc. (U-Haul) and Jerry Hawkins d/b/a The Packaging Store (Hawkins) (defendants) granting judgment on the pleadings as to counts I through VI of the amended petition, and dismissing all counts with prejudice for failure to state a claim.
Plaintiffs contend that the trial court erred in: (1) ruling the amended petition was insufficient because the court did not apply the applicable standard for review in that the sufficiency of a petition is to be liberally construed with all facts pleaded taken as true and is to be dismissed only if plaintiffs can prove no facts in support of their claim which would entitle them to relief; (2) granting judgment on the pleadings as to the claim for false imprisonment because the amended petition sufficiently stated a claim for false imprisonment in that all the elements of false imprisonment were stated in the amended petition and all facts pleaded are to be taken as true; (3) dismissing the claim for negligence because the petition sufficiently stated a cause of action for negligence in that all the elements of negligence were stated in the petition; (4) dismissing the claim for fraudulent misrepresentation because the amended petition sufficiently stated a claim for fraudulent misrepresentation in that all the elements and sufficient facts of a fraudulent misrepresentation claim were stated in the amended petition; and (5) dismissing the claim for malicious prosecution because the amended petition sufficiently stated a claim for malicious prosecution in that all the elements and sufficient facts for a malicious prosecution claim were stated in the amended petition. We affirm in part and reverse and remand in part.
Plaintiffs filed a twenty count petition containing ninety-seven numbered paragraphs, alleging false imprisonment, negligence, and malicious prosecution. Each count contained a corresponding punitive damages count. In addition, Bramon alleged a fraudulent misrepresentation claim against defendants.
After a hearing, the trial court granted U-Haul's motion to dismiss as to all counts and granted plaintiffs leave to amend their petition. An amended petition alleging the same claims for relief was filed. U-Haul filed a motion to dismiss as to counts I through VI and alternatively a motion for judgment on the pleadings as to counts I through VI and a consolidated motion to dismiss or for more definite statement as to counts VII through XII, counts XIII and XIV, and counts XV through XX. Hawkins adopted and joined in U-Haul's motions. The trial court granted the motions to dismiss as to all counts and the motions for judgment on the pleadings as to counts I through VI, stating in pertinent part:
1. That Defendant U-Haul's Motion for Judgment on the Pleadings directed to Counts I through VI of Plaintiffs' First Amended Petition is granted.
2. That the alternative Motions to Dismiss of U-Haul, Inc. directed to Counts I through XX of Plaintiffs' First Amended Petition are hereby granted and Plaintiffs' First Amended Petition is dismissed against Defendant U-Haul, Inc. with prejudice.
3. That the Motion for Judgment on the Pleadings of Jerry Hawkins d/b/a The Packaging Store directed to Counts I through VI of Plaintiffs' First Amended Petition is hereby granted.
4. That the Alternative Motions to Dismiss of Jerry Hawkins d/b/a The Packaging Store directed to Counts I through XX of Plaintiffs' First Amended Petition are granted and Plaintiffs' First Amended Petition is dismissed against Defendant Jerry Hawkins d/b/a The Packaging Store with prejudice.
Generally, motions for judgment on the pleadings are reserved for those matters when the pleadings are closed, i.e. answers had been filed. Rule 55.27(b). The record does not indicate, nor do the parties suggest, that answers were filed. Since answers were not filed, the pleadings were not closed. The ruling of the trial court granting judgment on the pleadings was premature. Further, the motions for judgment on the pleadings are in essence motions to dismiss. Therefore, we shall address the issues as they relate to the motions to dismiss only.
A motion to dismiss for failure to state a claim for relief is well taken where the facts essential to recovery are not pleaded. Berkowski v. St. Louis County, 854 S.W.2d 819, 823 (Mo.App.1993). The petition must contain allegations of fact in support of each essential element of the cause sought to be pleaded. Id. When ruling on the sufficiency of the facts pleaded to state a claim, we must consider whether material and essential allegations have not been made. Id. Where a petition contains only conclusions and does not contain the ultimate facts or any allegations from which to infer those facts a motion to dismiss is properly granted. Id.
In assessing the sufficiency of a petition, all facts properly pleaded are taken as true, the averments are given a liberal construction, and the petition is given all reasonable inferences deductible from the facts stated. Id.
Treating the allegations of the plaintiffs' amended petition as true, it indicates that U-Haul leases vehicles to the general public through Hawkins, or leased vehicles to Hawkins, or had an interest in the leasing of vehicles by Hawkins and that Hawkins was an employee, agent, or assign of U-Haul and was acting within the scope and course of such relationship. On September 8, 1995, Bramon leased a U-Haul 1987 Ford from Hawkins and one day later plaintiffs were detained by the Ballwin and/or the Ellisville Police departments and were taken into custody for the alleged theft of the vehicle. The police, in apprehending and detaining plaintiffs, were acting on information provided by defendants, in that they reported the vehicle stolen. The record is silent as to the release of plaintiffs.
In their first point on appeal, plaintiffs contend that the trial court erred in ruling the amended petition was insufficient because the court did not apply the applicable standard for review in that the sufficiency of a petition is to be liberally construed with all facts pleaded taken as true and a petition is to be dismissed only if a plaintiff can prove no facts in support of his claim which would entitle him to relief. This point fails to state "wherein and why" the trial court erred, and as such does not comply with Rule 84.04(d). Accordingly, this point preserves nothing for review.
Although we find plaintiffs' other points on appeal do not fully comply with Rule 84.04(d), we are able to glean the issues from the points and arguments. In their second point on appeal, plaintiffs contend that the trial court erred in granting judgment on the pleadings as to the count for false imprisonment because the amended petition sufficiently stated a claim for false imprisonment because all the elements for false imprisonment were stated in the amended petition. Plaintiffs' amended petition provides in pertinent part:
11. That on or about September 8, 1995 Plaintiff Michael Bramon leased a U-Haul 1987 Ford Econoline (hereinafter referred to as "the U-Haul Vehicle") from The Packaging Store.
12. That on or about September 9, 1995 the Plaintiffs were detained by the Ballwin and/or Ellisville Police Department(s) and taken into custody for the alleged theft of the U-Haul Vehicle.
13. That Plaintiffs have reason to believe that Defendants reported the U-Haul Vehicle stolen and the Ballwin and/or Ellisville Police Department(s) were acting on that information when apprehending and detaining the Plaintiffs.
* * * * * *
17. That on or about September 9, 1995 the Plaintiff, Michael Bramon was apprehended and handcuffed in the parking lot of a local grocery store located at 15892 Manchester Rd. in Ellisville, Missouri by the Ballwin and/or Ellisville Police Department(s).
18. Subsequently, Plaintiff Michael Bramon was transported in a police vehicle to the Ballwin Police Station.
19. While at the Ballwin Police Station, Plaintiff Michael Bramon was photographed, fingerprinted and booked for the alleged theft of the U-Haul Vehicle.
20. Plaintiff Michael Bramon was restrained against his will for a period of approximately four and one half (4 1/2) hours.
21. That the police were acting upon inaccurate, incomplete or misleading information provided by the Defendants, their employees, agents or assigns when restraining the Plaintiff.
22. That Defendants intentionally restrained or instigated the restraint of Plaintiff against his will by any or all of the following acts:
a. Defendants reported the U-Haul Vehicle stolen when in fact the U-Haul Vehicle was in the possession of the Defendants, their employees, agents, or assigns;
b. Defendants leased the U-Haul Vehicle to the Plaintiff knowing that the U-Haul Vehicle was reported stolen;
c. Defendants failed to advise the proper authorities that the U-Haul Vehicle was no longer stolen in a timely fashion once the defendants, their employees, agents or assigns realized that said U-Haul Vehicle was not in fact stolen; or
d. Defendants reported the U-Haul Vehicle stolen knowing the U-Haul Vehicle was not stolen.
The false imprisonment claims of Kenneth Coolley and Lance Coolley are identical to Bramon's.
A false arrest or false imprisonment occurs when there is confinement without legal justification by the wrongdoer of the person wronged. Desai v. SSM Health Care,...
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