Prewitt v. Parkway School Dist., No. 59958
| Court | Missouri Supreme Court |
| Writing for the Court | SEILER; MORGAN |
| Citation | 557 S.W.2d 232 |
| Parties | Gladys PREWITT, Plaintiff-Appellant, v. PARKWAY SCHOOL DISTRICT, Defendant-Respondent. |
| Docket Number | No. 59958 |
| Decision Date | 12 September 1977 |
Page 232
v.
PARKWAY SCHOOL DISTRICT, Defendant-Respondent.
Respondent's Motion for Rehearing Denied Nov. 14, 1977.
Burton H. Shostak, St. Louis, for plaintiff-appellant.
W. Munro Roberts, St. Louis, for defendant-respondent.
Terry C. Allen, Asst. Atty. Gen., Jefferson City, for amicus curiae.
SEILER, Judge.
Plaintiff appeals from a judgment dismissing her petition for damages with prejudice on the ground her cause of action is barred by the doctrine of sovereign immunity. Plaintiff pleaded she was injured in a slip and fall on a wet floor in a school building she had entered to register for night classes. 1 She alleged the moisture created a dangerous condition due to defendant's negligent failure to exercise the care owed her as a business invitee and that such negligence proximately caused her injuries. In a two to one opinion, the court of appeals, St. Louis district, affirmed the action of the trial court in dismissing the petition on the ground of sovereign immunity. The case was transferred here on application of plaintiff to be considered with several other cases argued before the court on the same day concerning the question of whether governmental immunity from tort liability should be abolished.
For the reasons set forth in Jones v. State Highway Commission, Mo., 557 S.W.2d 225, handed down this same date, we hold that the defense of sovereign immunity from tort liability is no longer available as a defense in this case.
A school district is a public corporation, Kansas City v. School Dist. of Kansas City, 356 Mo. 364, 201 S.W.2d 930, 933 (1947); State ex rel. Brickey v. Nolte, 350 Mo. 842, 169 S.W.2d 50, 55 (1943); School Dist. of Oakland v. School Dist. of Joplin, 340 Mo. 779, 102 S.W.2d 909, 910 (1937),
Page 233
and service of process thereon is provided for by § 506.150(5), RSMo 1975 Cum. Supp.The judgment is therefore reversed and the cause remanded for further proceedings not inconsistent herewith.
BARDGETT, FINCH and RENDLEN, JJ., concur.
MORGAN, C. J., and HENLEY and DONNELLY, JJ., dissent.
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1 The Parkway School District, according to the latest annual report of the State Board of Education made as required by § 161.092, RSMo 1969, consists of three high schools and five junior high schools, all in St. Louis County. One of the latter is North Junior High School, where the plaintiff's...
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Ohio Valley Contractors v. Board of Ed. of Wetzel County, Nos. 14907
...512 (1976); Spanel v. Mounds View School District No. 621, 264 Minn. 279, 118 N.W.2d 795 (1962); Prewitt v. Parkway School District, 557 S.W.2d 232 (Mo.1977); Johnson v. Municipal University of Omaha, 184 Neb. 512, 169 N.W.2d 286 (1969); Walsh v. Clark County School District, 82 Nev. 414, 4......
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Jones v. State Highway Commission, No. 60017
...other cases where the defense of sovereign immunity against tort claims was advanced: No. 59958, Prewitt v. Parkway School District, 557 S.W.2d 232, a claim against a school district where plaintiff, who was entering the building to register for a night class, slipped on a wet spot in the s......
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Hill v. Boles, No. 60788
...the subject in general, . . ." Jones v. State Highway Commission, 557 S.W.2d 225, 231(11) (Mo.1977), Prewitt v. Parkway School District, 557 S.W.2d 232 (Mo.1977), and Wheeler v. St. Clair County Hospital District No. 1, 557 S.W.2d 233 (Mo.1977). In fact, in Abernathy, supra, the Court clear......
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Conner v. Crawford County, No. 11061
...1, 557 S.W.2d 233 (Mo. banc 1977); State ex rel. Racer v. Richardson, 557 S.W.2d 235 (Mo. banc 1977); Prewitt v. Parkway School District, 557 S.W.2d 232 (Mo. banc §§ 537.600-537.650, RSMo 1978, provide for conditions of sovereign immunity and modify the effect of Jones v. State Highway Comm......
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Ohio Valley Contractors v. Board of Ed. of Wetzel County, Nos. 14907
...512 (1976); Spanel v. Mounds View School District No. 621, 264 Minn. 279, 118 N.W.2d 795 (1962); Prewitt v. Parkway School District, 557 S.W.2d 232 (Mo.1977); Johnson v. Municipal University of Omaha, 184 Neb. 512, 169 N.W.2d 286 (1969); Walsh v. Clark County School District, 82 Nev. 414, 4......
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Jones v. State Highway Commission, No. 60017
...other cases where the defense of sovereign immunity against tort claims was advanced: No. 59958, Prewitt v. Parkway School District, 557 S.W.2d 232, a claim against a school district where plaintiff, who was entering the building to register for a night class, slipped on a wet spot in the s......
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Hill v. Boles, No. 60788
...the subject in general, . . ." Jones v. State Highway Commission, 557 S.W.2d 225, 231(11) (Mo.1977), Prewitt v. Parkway School District, 557 S.W.2d 232 (Mo.1977), and Wheeler v. St. Clair County Hospital District No. 1, 557 S.W.2d 233 (Mo.1977). In fact, in Abernathy, supra, the Court clear......
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Conner v. Crawford County, No. 11061
...1, 557 S.W.2d 233 (Mo. banc 1977); State ex rel. Racer v. Richardson, 557 S.W.2d 235 (Mo. banc 1977); Prewitt v. Parkway School District, 557 S.W.2d 232 (Mo. banc §§ 537.600-537.650, RSMo 1978, provide for conditions of sovereign immunity and modify the effect of Jones v. State Highway Comm......