Wood v. Jackson County
Citation | 463 S.W.2d 834 |
Decision Date | 08 March 1971 |
Docket Number | No. 55216,No. 2,55216,2 |
Parties | Gina Marie WOOD, a minor, by her father and next friend, William E. Wood, and Linda J. Wood, Appellants, v. The COUNTY OF JACKSON, Respondent |
Court | United States State Supreme Court of Missouri |
John C. Russell, Raytown, for appellants.
Jim Tom Reid, Jackson County Counselor, Lee S. Shapiro, Assistant Jackson County Counselor, Kansas City, for respondent.
PRITCHARD, Commissioner.
As alleged, plaintiff is a minor five years of age, and was a passenger in a Volkswagen automobile which was caused to go out of control, skid and overturn on a bridge which was not maintained in a safe condition by the County of Jackson, which added plankings to the bridge of insufficient width, of unsmooth, uneven surface, and without warning sings and notice of the condition of the bridge. The prayer for damages for personal injuries is $125,000 for plaintiff, and $25,000 for the loss of her services to her parents.
Defendant filed a motion to dismiss the petition of plaintiffs raising its nonsuability under the doctrine of sovereign immunity. The trial court sustained the motion to dismiss.
In their suggestions to the trial court in opposition to defendant's motion to dismiss, plaintiffs say, The same argument is presented here.
Although not couched in terms of a denial of the right to equal protection of the laws or of due process of law under constitutional provisions, a similar argument was made in Cullor v. Jackson Township, Putnam County, Mo., 249 S.W.2d 393, 395(2). where it was urged that the township was liable in tort on the same principle that such liability is imposed on municipal corporations. It was pointed out It was held, loc. cit. 249 S.W.2d 396(5), that 'Jackson Township is not a municipal corporation in the sense that that term is used herein, but, on the contrary, is a quasi corporation and political subdivision of the state exercising purely governmental functions, and, as such, is clothed with the state's immunity from tort liability, in the absence of a statute to the contrary.' (Italics added.) The judicial determination of the difference or distinction between the liability in tort of municipal corporations and political subdivisions of the state exercising purely governmental functions is no basis for invoking a claim of denial of equal protection of the laws. ...
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Watson v. Kansas City
...I concur on the basis of existing case law, but I continue to hold the view, expressed in my concurring opinion in Wood v. County of Jackson, 463 S.W.2d 834 (Mo.1971), that in an appropriate case we should reexamine the doctrine of governmental immunity. In view of the additional basis for ......
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Ellingson v. Piercy
...to sovereign immunity from tort actions. Moses v. County of Jefferson, 910 S.W.2d 735, 736 (Mo. Ct. App. 1995) (citing Wood v. County of Jackson, 463 S.W.2d 834 (Mo. 1971), and §537.600). Any alleged waiver of sovereign immunity must be strictly construed. Metro. St. Louis Sewer Dist. v. Ci......
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Wollard v. City of Kansas City, 74257
...and its political subdivisions were immune from suit for tort under the common law doctrine of sovereign immunity. Wood v. County of Jackson, 463 S.W.2d 834, 835 (Mo.1971). A municipal corporation, distinct from the state and its political subdivisions, was deemed to exercise proprietary as......
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Kriger v. South Oakland County Mut. Aid Pact
...basis. Wilkins v. Ann Arbor City Clerk, Supra. Plaintiff failed to sustain his heavy burden of proof. We think Wood v. Jackson County, 463 S.W.2d 834, 835 (Mo.1971), aptly stated the "It is a general rule that equal protection of the laws is not denied by a course of procedure which is appl......