Prewitt v. Parkway School Dist., 59958

Decision Date12 September 1977
Docket NumberNo. 59958,59958
Citation557 S.W.2d 232
PartiesGladys PREWITT, Plaintiff-Appellant, v. PARKWAY SCHOOL DISTRICT, Defendant-Respondent.
CourtMissouri Supreme Court

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), 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.


MORGAN, C. J., and HENLEY and DONNELLY, JJ., dissent.

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 injury occurred, May 2, 1974.

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7 cases
  • Ohio Valley Contractors v. Board of Ed. of Wetzel County
    • United States
    • West Virginia Supreme Court
    • March 5, 1982
    ...41, 247 N.W.2d 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,......
  • Jones v. State Highway Commission
    • United States
    • Missouri Supreme Court
    • September 12, 1977
    ...argument in three 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......
  • Hill v. Boles
    • United States
    • Missouri Supreme Court
    • June 27, 1979 consider 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......
  • Conner v. Crawford County, 11061
    • United States
    • Missouri Court of Appeals
    • October 9, 1979
    ...Hosp. Dist. No. 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 1977).§§ 537.600-537.650, RSMo 1978, provide for conditions of sovereign immunity and modify the effect of Jones......
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