(DOWNLOAD) "Betty J. Beaver v. Irene Gosney" by Western District Court of Appeals of Missouri # Book PDF Kindle ePub Free
eBook details
- Title: Betty J. Beaver v. Irene Gosney
- Author : Western District Court of Appeals of Missouri
- Release Date : January 07, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Betty and James Beaver appeal from the dismissal of their action against Steven Hebauf, an officer of the Kansas City, Missouri
Police Department, for failure to state a cause of action for which relief may be granted. The Beavers raise three points
in this appeal claiming that the trial court erred in sustaining Hebauf's motion to dismiss because: (1) sovereign immunity
was abrogated by the legislature under § 537.600, RSMo 1986, 1 in two specific situations and such action by
implication abrogated the public duty doctrine; (2) the public duty doctrine should be modified in Missouri to recognize a
"special duty" exception applicable to the case at bar; and (3) Hebauf's actions were ministerial in nature so official immunity
is not a bar to the action. The judgment is affirmed. On November 12, 1988, at approximately 10:30 a.m., Irene Gosney was driving along N.W. Barry Road near its intersection with
North Marston. Ms. Gosney lost control of her vehicle when another automobile allegedly pulled out from North Marston, As
a result of her evasive action, Ms. Gosney's vehicle was disabled, and she left it in the westbound lane of traffic. Shortly
after this occurrence, Officer Steve Hebauf of the Kansas City, Missouri Police Department was dispatched to the scene. While
Hebauf was investigating the accident, Betty Beaver, who was driving in the westbound lane, came upon the site of the occurrence
and swerved to avoid hitting the Gosney vehicle. She struck a vehicle being operated in the eastbound lane by Peter C. Stacy.
As a result of the collision, Betty Beaver sustained serious injuries.
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