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Barchers v. School Dist. of Kansas City

Missouri Court of Appeals, Kansas City District
Nov 5, 1973
501 S.W.2d 502 (Mo. Ct. App. 1973)

Opinion

No. 26380.

November 5, 1973.

APPEAL FROM THE CIRCUIT COURT, JACKSON COUNTY, KEITH P. BONDURANT, J.

Robert L. Shirkey, Kansas City, for appellant.

Larry L. McMullen, Don Roberson, Kansas City, for respondent.


This is a suit to recover damages for loss of an eye sustained by plaintiff while attending class at Northeast Junior High School, a public school under the control and jurisdiction of the defendant school district. Plaintiff appeals from an order of the circuit court sustaining the school district's motion to dismiss on the ground of governmental immunity.

The only claim of error is that sovereign immunity "is not and should not be" the public policy of the State of Missouri for tort claims of injury sustained by minors under the supervision of public school districts. However, as appellant concedes in his brief, the case of Smith v. Consolidated School District No. 2, 408 S.W.2d 50 (Mo. banc 1966) is directly in point. Moreover, the Missouri Supreme Court very recently reaffirmed the doctrine of sovereign immunity and declined to alter or abolish it by judicial action. Payne v. County of Jackson, 484 S.W.2d 483, 487 (Mo. 1972).

No error of law appears and an extended opinion would have no precedential value. Therefore, the judgment of the trial court is affirmed under Rule 84.16(b), V.A.M.R.


Summaries of

Barchers v. School Dist. of Kansas City

Missouri Court of Appeals, Kansas City District
Nov 5, 1973
501 S.W.2d 502 (Mo. Ct. App. 1973)
Case details for

Barchers v. School Dist. of Kansas City

Case Details

Full title:EDWIN EUGENE BARCHERS, APPELLANT, v. THE SCHOOL DISTRICT OF KANSAS CITY…

Court:Missouri Court of Appeals, Kansas City District

Date published: Nov 5, 1973

Citations

501 S.W.2d 502 (Mo. Ct. App. 1973)

Citing Cases

State ex Rel. Allen v. Barker

Our decisions prior to Jones have struggled with the dichotomy and generally have upheld immunity. See Payne…