State ex rel. City of Grandview v. Grate
Decision Date | 05 April 2016 |
Docket Number | No. SC 95283,SC 95283 |
Parties | State ex rel. City of Grandview, Missouri, Relator, v. The Honorable Jack R. Grate, Respondent. |
Court | Missouri Supreme Court |
The city was represented by Christopher L. Heigele and Steven F. Coronado of Coronado Katz LLC in Kansas City, (816) 410–6600.
Green family members were represented by Christopher P. Sweeny, John E. Turner and Marty W. Seaton of Turner & Sweeny in Kansas City, (816) 942–5100.
Michael Green Sr., Stephanie M. Green, Stephanie N. Green, and Michael Green (collectively “Plaintiffs”) filed a lawsuit, in the underlying case, against four police officers and the City of Grandview. The City filed a motion for summary judgment claiming sovereign immunity. The circuit court overruled the motion, and the City sought a writ of prohibition from the court of appeals that was denied. The City then sought a writ of prohibition from this Court. This Court issued a preliminary writ of prohibition that it now makes permanent.
Plaintiffs filed a lawsuit against four City of Grandview police officers alleging wrongful arrest, battery, malicious prosecution and negligence. Plaintiffs joined the City in the suit, alleging the City was vicariously liable for the actions of the officers. Specifically, Plaintiffs alleged the City had purchased an insurance policy that contained a provision for law enforcement liability coverage. This coverage, the Plaintiffs asserted, waived the City's rights to sovereign immunity and allowed it to be sued up to the policy limits, pursuant to §§ 71.185, RSMo 2000
, and 537.610.1
The City—in lieu of filing an answer to Plaintiff's petition—filed a motion for summary judgment claiming that, while it had insurance coverage, the insurance policy it had purchased contained express language preserving its sovereign immunity, except as to those claims that sovereign immunity is already waived by statute i.e., claims involving injuries resulting from the negligent operation of motor vehicles, or injuries resulting from dangerous conditions on government property. Section 537.600. The circuit court overruled the motion for summary judgment.
This Court has the authority to “issue and determine original remedial writs.” Mo. Const. art. V, § 4.1. This Court has issued a writ of prohibition “[w]here a defendant has ... sovereign immunity.” State ex rel. Bd. of Trs. of City of N. Kansas City Mem'l Hosp. v. Russell, 843 S.W.2d 353, 355 (Mo. banc 1992)
(internal citations and quotation marks omitted). Sovereign immunity is not a defense to suit but, rather, it is immunity from tort liability altogether, providing a basis for prohibition. See
Metro. St. Louis Sewer Dist. v. City of Bellefontaine Neighbors, 476 S.W.3d 913, 921 (Mo. banc 2016) (citing the definition of “sovereign immunity” in Black's Law Dictionary ).
The policy in effect at the relevant time provides:
OneBeacon Insurance Policy, Relator's Exhibit N4, p. 723.
There is an Endorsement contained within the policy that expressly provides:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
or any amendments; or Missouri Revised Statute Section 71.185 or any amendments.
The plain language of the policy allows coverage to not only the City but also to employees of the City—such as police officers—as “Insureds.” The policy, however, reserves the right of the City to raise sovereign immunity if it is provided for under the constitution or in statutes because Missouri no longer has common law sovereign immunity. Sovereign immunity is governed by § 537.600, which provides:
Fantasma v. Kansas City, Mo., Bd. of Police Comm'rs, 913 S.W.2d 388, 391 (Mo.App.1996)...
To continue reading
Request your trial-
Perry v. City of St. Louis
...waived sovereign immunity by purchasing liability insurance that provides coverage for these claims.In State ex rel. City of Grandview v. Grate , 490 S.W.3d 368, 369 (Mo. 2016) (en banc), plaintiffs brought common law tort claims against the city for wrongful arrest, battery, malicious pros......
-
Stockley v. Joyce
...Newsome v. Kansas City, Mo. Sch. Dist., 520 S.W.3d 769, 775 (Mo. 2017) (en banc) (quoting State ex rel. City of Grandview v. Grate, 490 S.W.3d 368, 369 (Mo. 2016) (en banc)). "[I]n the absence of an express statutory exception to sovereign immunity, or a recognized common law exception such......
-
Liggins v. Cohen
...of the Missouri government, sovereign immunity applies here, absent waiver or an applicable exception. See State ex rel. City of Grandview v. Grate, 490 S.W.3d 368 (Mo. 2016), reh'g denied (May 24, 2016) (finding plaintiff's battery claim based on officers' actions barred as to the city); L......
-
Atl. Specialty Ins. Co. v. City of Coll. Park
...held that insurance policies with similar immunity endorsements do not waive sovereign immunity. See, e.g., State ex rel. City of Grandview v. Grate , 490 S.W.3d 368, 372 (Mo. 2016) (holding that a city "did not waive sovereign immunity when it purchased an insurance policy that disclaimed ......