 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
State ex rel Green v. Neill2/24/2004
inate officials, if such subordinates are themselves employees of the government, where there is no negligence on the part of such public officials in employing them, unless the superior officer has directed or encouraged or ratified such acts, or has personally co-operated therein." Davis-Bey v. Missouri Dept. of Correction, 944 S.W.2d 294, 98-99 (Mo. App. 1997) (citations omitted).
Curator Horne was a public officer and plaintiffs seek to hold her liable for the acts of hospital staff who were employees of the government. While plaintiffs claimed that sovereign immunity was waived and Curator Horne could have been sued, plaintiffs did not allege that Curator Horne "directed, encouraged, ratified or personally cooperated" in the allegedly tortious conduct. Id. at 99; see Smith v. Consolidated School District No. 2, 408 S.W.2d 50, 55 (Mo. banc 1966). Plaintiffs did not provide a basis for a claim of individual liability against Curator Horne.
The petition on its face failed to state a claim against Curator Horne and, therefore, the joinder of Curator Horne as a defendant was pretensive. Malone, 889 S.W.2d at 824. Curator Horne's status as a resident of the City of St. Louis was the only grounds cited by plaintiffs for venue in the City of St. Louis. Without a valid claim against Curator Horne, venue is not proper in the City of St. Louis.
The preliminary writ is made absolute.
All concur.
Page 1 2 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|