Allen v. State
| Decision Date | 11 January 2022 |
| Docket Number | No. SC 98929,SC 98929 |
| Citation | 638 S.W.3d 880 |
| Parties | Pamela S. ALLEN and Kelly D. Allen, Cross-Appellants, v. State of Missouri, 32ND JUDICIAL CIRCUIT, Cross-Appellant, and Cape Girardeau County and City of Cape Girardeau, Missouri, Respondents. |
| Court | Missouri Supreme Court |
The Allens were represented by D. Matthew Edwards and Michael Moroni of Burns, Taylor, Heckemeyer, Green & Edwards LLC in Cape Girardeau, (573) 388-2224.
The state was represented by Katherine S. Walsh of the attorney general's office in St. Louis, (573) 751-3321.
The county was represented by Mary Eftink Boner of Mary Eftink Boner LC in Jackson, (573)243-9896.
The city was represented by A.M. Spradling III of Spradling & Spradling in Cape Girardeau, (573) 335-8296.
The State of Missouri, 32nd Judicial Circuit ("State") appeals from a judgment entered in favor of Pamela Allen ("Allen") and her husband (collectively the "Allens") who sued the State, Cape Girardeau County ("County"), and the City of Cape Girardeau ("City") after Allen fell down a flight of stairs in the Common Pleas Courthouse in Cape Girardeau ("Courthouse"). On appeal, the State asserts the circuit court misapplied the law regarding the waiver of sovereign immunity. Specifically, the State claims the circuit court erred in: (1) overruling the State's post-trial motion for judgment notwithstanding the verdict ("JNOV") because there was insufficient evidence the stairs were in a dangerous condition; therefore, waiver of sovereign immunity was not justified; and (2) giving an erroneous jury instruction regarding waiver of sovereign immunity. The State's first claim lacks merit, as the Allens presented a submissible case that the stairway was a dangerous condition of which the State was sufficiently aware to waive sovereign immunity. The State's second claim, however, is meritorious. Because the submitted jury instruction regarding waiver of sovereign immunity did not accurately state the law, this Court vacates the circuit court's judgment as to the State and County.
In a cross-appeal, the Allens also allege, among other claims, the circuit court erroneously applied the law of sovereign immunity. Specifically, the Allens claim the circuit court erred in: (1) sustaining the City's motion for directed verdict because the City held an undivided one-half ownership interest in the Courthouse and this ownership interest was sufficient to subject the City to waiver of its sovereign immunity; (2) overruling the Allens’ motion for new trial because the judgment entered in the County's favor was against the weight of the evidence in that the County also held an undivided one-half interest in the Courthouse; and (3) overruling the Allens’ motion for new trial because the judgment entered against Kelly Allen on his claim of loss of consortium was against the weight of the evidence. The Allens’ first claim is meritorious. Because the City possessed an ownership interest in the Courthouse, it was unnecessary for the Allens to introduce evidence that the City exercised "exclusive control and possession" over the stairwell to establish the Courthouse stairwell was the City's property. For this reason, the Court vacates the circuit court judgment entered in the City's favor. The Allens’ second claim is moot. Because the jury was improperly instructed on the law of sovereign immunity for the reasons claimed by the State, the State is entitled to further proceedings in which the liability of the State and the County is properly considered with the correct understanding of the law. This Court, therefore, need not address the Allens’ claim that the judgment entered in the County's favor was against the weight of the evidence. Finally, this Court will not review the Allens’ third claim regarding the judgment entered against Allen's husband, as this argument was never presented to the circuit court and, therefore, was not preserved.
In summary, the circuit court's judgment is affirmed as to Allen's husband's loss of consortium claim. In all other respects, the judgment is vacated. The case is remanded for the circuit court to consider the liability of all three defendants in a manner consistent with this opinion.
The Courthouse is an historic building located in Cape Girardeau. Built in 1854, the County and the City have held an undivided one-half ownership interest in the Courthouse since 1959. In 1979, the City and County entered into an agreement whereby the County may occupy the entire space and assumes all responsibility for maintenance and repairs. The agreement is still valid and preserves for the City the right to inspect the premises and withhold approval for any alterations. The County made the entire space available for the State's use in 1991.1 Since then, the State has enjoyed sole occupancy of the Courthouse and uses it for court operations. Pursuant to statute, however, the County, not the State, bears responsibility for obtaining the Courthouse space for the State and maintaining and repairing the Courthouse when necessary.2
On August 26, 2013, Allen, an employee of United Land Title, visited the Courthouse to retrieve "a couple of judgments" for a work assignment. These court records were located in the Courthouse basement. It was not the first time Allen gathered records from the Courthouse basement; she had done so on 50 or more occasions during her time at the title company. The circuit court clerk had the County install a lock on the door, making the staircase and the basement inaccessible without a key. Allen approached the deputy clerk to request a key; the clerk advised her to "grab the key" and retrieve the documents. Allen collected the key, unlocked the door to the basement stairway, left the door slightly ajar to allow additional light to illuminate the dark staircase, and began to descend, gripping the single handrail. A few steps from the bottom landing, Allen's foot slipped. She fell, breaking her leg. Allen crawled back up the stairs to call for help and was eventually transported to a hospital for her injuries.3
Allen and her husband sued the State, the County, and the City in a personal injury action. Allen claimed each kept the Courthouse staircase in a dangerous condition and should have either repaired the staircase or warned her it was hazardous. Allen sought damages for her injuries, and her husband brought a claim for loss of consortium. At the close of the Allens’ evidence, the City, State, and County moved for directed verdict. Each argued it should not be liable for Allen's injuries because it did not have "exclusive control and possession" or "control" of the stairway and was unable to remedy or warn of any alleged defect.4 Each further contended the stairs were not a dangerous condition rendering them liable for Allen's injuries. The circuit court sustained the City's motion but overruled the State's and County's motions. The Allens’ claims then proceeded against the State and the County.
During the jury instruction conference, the State objected to Instruction No. 8, which sought a jury finding that the State "either owned or controlled" the Courthouse basement stairway. The State argued "owned or controlled"—language supplied by Missouri Approved Instruction ("MAI") 31.16 (8th ed.)—misstated the law, and the proper instruction should direct the jury to determine if the State had "exclusive control" over the stairway. The circuit court overruled this objection.
Using two separate verdict forms, the circuit court instructed the jury to weigh the State, the County, and Allen's comparative fault.5 In response to a question from the jury, the circuit court instructed the jurors they could find fault only for one of the defendants, the State or County, but not both. The jury returned verdicts holding the County zero percent at fault, the State 90 percent at fault, and Allen 10 percent at fault, assessing Allen's total damages at $475,000. The jury found against Allen's husband on his loss of consortium claim. Following the jury's verdict, the circuit court entered judgment for Allen against the State, for the City and County, and against the husband.
The State moved for a judgment notwithstanding the verdict ("JNOV"), mirroring the same arguments raised in its motion for directed verdict. The Allens also conditionally moved for a new trial, asking the circuit court to consider their motion in the event it found the State did not own or control the stairs and sustained the State's motion for JNOV. The Allens argued the judgments for the City and the County must be reversed if the court were to enter JNOV for the State because one of the three defendants must be liable. The Allens’ conditional motion for JNOV, however, did not seek to set aside the verdict rejecting the husband's loss of consortium claim.
The circuit court overruled both parties’ motions. The State appealed, asserting the staircase was not a dangerous condition and the circuit court erred in submitting Instruction No. 8. The Allens sought affirmance of the circuit court's judgment against the State but cross-appealed in the event this Court grants the State its requested relief.6 After the court of appeals issued an opinion, this Court granted the State's application for transfer.7
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