Payne v. Jackson County, 55738
| Court | United States State Supreme Court of Missouri |
| Writing for the Court | WILLIAM H. BILLINGS |
| Citation | 484 S.W.2d 483 |
| Parties | Ralph E. PAYNE and Wanetta Payne, Appellants, v. COUNTY OF JACKSON, Missouri, et al., Respondents |
| Docket Number | No. 2,No. 55738,55738,2 |
| Decision Date | 25 September 1972 |
Page 483
v.
COUNTY OF JACKSON, Missouri, et al., Respondents.
Page 484
Jack A. Cochran, and Julius M. Oswald, Blue Springs, for appellants.
Jim Tom Reid, County Counselor, Lee S. Shapiro, Asst. County Counselor, Kansas City, for respondent County of Jackson.
WILLIAM H. BILLINGS, Special Judge.
Plaintiffs sued Jackson County, Missouri, and the drivers of two automobiles for the wrongful death of their teenage son who was a passenger in one of the motor vehicles. The negligence charged against Jackson County was in failing to erect a stop sign at the intersection where the two vehicles collided, and, in failing to inspect for stop signs which had been removed or destroyed at the intersection.
Jackson County's motion to dismiss was sustained by the trial court because of governmental immunity. Following a premature appeal of this order, plaintiffs compromised their claims against the two individuals and dismissed them from the suit. Plaintiffs now prosecute this appeal urging wholesale abolition of the doctrine of sovereign immunity in this state. This we judicially decline to do and affirm the judgment of dismissal.
Plaintiffs first contend this doctrine is not the public policy of Missouri. We disagree. In In Re Rahn's Estate, Mo., 316 Mo. 492, 291 S.W. 120, this court stated (l.c. 124): '. . . it is not the function of the judiciary to create or announce a public policy of its own . . . as such policy is found to be expressed in the Constitution, statutes, and judicial decisions of the state . . ..'
The Missouri Constitution and statutes are silent on the matter of sovereign immunity but the judicial decisions of this court have declared in no uncertain terms that this doctrine is the public policy in this state. This court en banc in November, 1966, in Smith v. Consolidated School District No. 2, Mo., 408 S.W.2d 50, declared the doctrine of sovereign immunity was 'one of fixed public policy' in Missouri. The court noted that the courts of Missouri had for more than a century held that political subdivisions of the state are not subject to liability in suits for negligence.
In Cullor v. Jackson Township Putnam County, Mo., 249 S.W.2d 393, the court observed some weakening of this doctrine in some jurisdictions but in reaffirming the rule in Missouri and denying recovery, said (l.c. 397): 'But there has been no such change in public policy of this state in that regard, either through statutory enactment or constitutional revision. . . ..' Also see Glenn v. Department of Corrections, Mo., 434 S.W.2d 473 (1968).
Plaintiffs, in seeking review of the doctrine of sovereign immunity and its abolition by judicial fiat, cite cases from Arizona, Florida, Michigan, Illinois, Colorado, California, Minnesota, Wisconsin, Kansas, Nebraska, Indiana, Kentucky and Rhode Island in support of their contention we should judicially bury the doctrine. The identical California, Florida, Illinois, Michigan, Minnesota and Wisconsin cases were cited as authorities to this court by the plaintiffs in Fette v. City of St. Louis, Mo., 366 S.W.2d 446. In upholding the rule of sovereign immunity the court rejected these authorities and said (l.c. 447): 'The view we have taken, stated in Brown
Page 485
v. City of Craig, 350 Mo. 836, 168 S.W.2d 1080, 1084, and recently restated in Gillen v. City of St. Louis, Mo., 345 S.W.2d 69, 73, is as follows: 'This whole doctrine of governmental immunity has been increasingly criticised. However, such nonliability is based not merely on the ancient view that the king can do no wrong, as frequently suggested; but also upon the principle that public officers have no authority to bind the sovereign (the whole people) except such as is given them by specific constitutional and statutory provisions. The general rules of respondeat superior cannot be applied to them without opening up unlimited possibilities for wasteful and dishonest dissipation of public funds. While the complexity of modern government may require a...To continue reading
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O'Dell v. School Dist. of Independence, 57474
...immunity were made in Smith v. Consolidated School District No. 2, 408 S.W.2d 50 (Mo. banc 1966), and Payne v. County of Jackson, 484 S.W.2d 483 (Mo.1972). In Smith, this Court declined to abolish the doctrine, and said (l.c. 'For more than a century the courts of Missouri have uniformly he......
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Curtis 1000, Inc. v. Youngblade, C 94-4117.
...625, 631 (1982) (same); Richmond County v. Pierce, 234 Ga. 274, 276, 215 S.E.2d 665, 668 (1975) (same); Payne v. Jackson County, Mo., 484 S.W.2d 483, 484 (Mo.1972) (same); Pacific Employers Ins. Co. v. Industrial Accident Comm'n, 10 Cal.2d 567, 578, 75 P.2d 1058, 1063 (1938) (same), cert. g......
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Thompto v. Coborn's Inc., C 93-3046.
...625, 631 (1982) (same); Richmond County v. Pierce, 234 Ga. 274, 276, 215 S.E.2d 665, 668 (1975) (same); Payne v. Jackson County, Mo., 484 S.W.2d 483, 484 (Mo.1972) (same); Pacific Employers Ins. Co. v. Indus. Accident Comm'n, 10 Cal.2d 567, 578, 75 P.2d 1058, 1063 (1938) 11 See, e.g., Groce......
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Brown v. Wichita State University, 47363
...Supreme Court, while has consistently held the issue of governmental immunity is for the legislature, said in Payne v. County of Jackson, 484 S.W.2d 483 '. . . (W)holesale abrogation of the sovereign immunity doctrine could very well deplete the governmental treasury to a point where proper......
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O'Dell v. School Dist. of Independence, 57474
...immunity were made in Smith v. Consolidated School District No. 2, 408 S.W.2d 50 (Mo. banc 1966), and Payne v. County of Jackson, 484 S.W.2d 483 (Mo.1972). In Smith, this Court declined to abolish the doctrine, and said (l.c. 'For more than a century the courts of Missouri have uniformly he......
-
Curtis 1000, Inc. v. Youngblade, C 94-4117.
...625, 631 (1982) (same); Richmond County v. Pierce, 234 Ga. 274, 276, 215 S.E.2d 665, 668 (1975) (same); Payne v. Jackson County, Mo., 484 S.W.2d 483, 484 (Mo.1972) (same); Pacific Employers Ins. Co. v. Industrial Accident Comm'n, 10 Cal.2d 567, 578, 75 P.2d 1058, 1063 (1938) (same), cert. g......
-
Thompto v. Coborn's Inc., C 93-3046.
...625, 631 (1982) (same); Richmond County v. Pierce, 234 Ga. 274, 276, 215 S.E.2d 665, 668 (1975) (same); Payne v. Jackson County, Mo., 484 S.W.2d 483, 484 (Mo.1972) (same); Pacific Employers Ins. Co. v. Indus. Accident Comm'n, 10 Cal.2d 567, 578, 75 P.2d 1058, 1063 (1938) 11 See, e.g., Groce......
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Brown v. Wichita State University, 47363
...Supreme Court, while has consistently held the issue of governmental immunity is for the legislature, said in Payne v. County of Jackson, 484 S.W.2d 483 '. . . (W)holesale abrogation of the sovereign immunity doctrine could very well deplete the governmental treasury to a point where proper......