State ex rel. Ripley County v. Garrett

18 S.W.3d 504, 2000 Mo. App. LEXIS 608, 2000 WL 486215
CourtMissouri Court of Appeals
DecidedApril 26, 2000
DocketNo. 23241
StatusPublished
Cited by6 cases

This text of 18 S.W.3d 504 (State ex rel. Ripley County v. Garrett) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Ripley County v. Garrett, 18 S.W.3d 504, 2000 Mo. App. LEXIS 608, 2000 WL 486215 (Mo. Ct. App. 2000).

Opinions

CROW, Presiding Judge.

Relator, a county of the third class, is one of five defendants in a lawsuit pending before Respondent. In that suit (“the underlying suit”), Charles David Smith (“Plaintiff’) avers he was arrested without probable cause on or about May 28, 1995, in Ripley County by the county sheriff, Dennis Cox, and two of Cox’s deputies, Steve Gant and Bruce Ridlen; that those [505]*505three officers and another deputy sheriff, Margaret Ayers, instigated a criminal prosecution against Plaintiff for forcible rape, forcible sodomy and felonious restraint; that Plaintiff was held in custody approximately twenty hours and compelled to post bond before being released; and that Ayers made false and slanderous statements about Plaintiff.

Plaintiffs three-count, second amended petition in the underlying suit pleads that the conduct of the four individual defendants occurred “in the course and scope of their employment” by Relator, hence Relator is liable for such conduct. In Count I, Plaintiff seeks actual and punitive damages against Relator and the four individual defendants for malicious prosecution; in Count II, Plaintiff seeks actual and punitive damages against Relator and the four individual defendants for false imprisonment; in Count III, Plaintiff seeks actual and punitive damages against Relator and Ayers for slander.

Relator moved for summary judgment in the underlying suit, averring all claims against it are barred “by the doctrine of sovereign immunity.”

Plaintiff answered Relator’s motion by alleging Relator purchased insurance for “claims of malicious prosecution, false imprisonment and slander for the calendar year 1995,” thereby waiving sovereign immunity “as provided by § 537.610 RSMo.”

Respondent denied Relator’s motion for summary judgment.

Relator thereupon filed a petition in this court for a writ of prohibition or, in the alternative, mandamus. Relator prayed this court to bar Respondent from allowing the underlying suit to proceed against Relator, and for this court to command Respondent to grant Relator’s motion for summary judgment.

This court issued a preliminary order in prohibition barring Respondent from allowing the underlying suit to proceed against Relator until further order of this court.

Plaintiff thereafter filed an answer to Relator’s petition,1 and Relator and Plaintiff subsequently filed briefs.

The sole issue before this court, as framed by the briefs, is whether Relator’s purchase of insurance waived Relator’s sovereign immunity against Plaintiffs claims in the underlying suit. The answer to that question lies in § 537.610, RSMo 1994,2 and Relator’s insurance policy.

[506]*506The policy was issued by Savers Property & Casualty Insurance Company and bears number CP0000954-01. This opinion henceforth refers to the policy as “Policy 954.” The period covered by Policy 954 was from “1-11-95” to “1-11-96.”

This court gathers from the briefs that Relator and Plaintiff agree that the provisions of Policy 954 on which the outcome of this proceeding hinges are found in a part of Policy 954 denominated “Commercial General Liability Coverage Part.” That part contains a segment denominated “Section I — Coverages.” One of the components of Section I is denominated “Coverage B. Personal and Advertising Injury Liability.” It reads, inter alia:

“1. Insuring Agreement,
a.We will pay those sums that the insured becomes legally obligated to pay as damages because of ‘personal injury’ or ‘advertising injury’ to which this insurance applies .... ”

This opinion henceforth refers to the above-quoted passage as “Section I.B.l.a.”

The term “personal injury” in Section I.B.l.a. is defined in another segment of the “Commercial General Liability Coverage Part” of Policy 954. That segment is denominated “Section V — Definitions.” It reads, inter alia:

[[Image here]]
13. ‘Personal injur/ means injury, other than ‘bodily injury’, arising out of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. ...
d. Oral or written publication of material that slanders or libels a person ... or disparages a person’s ... goods, products or services!.]”

This opinion henceforth refers to the above-quoted passage as “Section V.13.”

Obviously, Plaintiffs claims in the underlying suit are for “personal injury” as defined in Section V.13. If the analysis ended there, this would be an easy case; this court would summarily quash its preliminary order.

However, the analysis does not end with Section V.13. Whether Relator is entitled to relief in this court depends on whether Section I.B.l.a. of Policy 954, measured against § 537.610.1,3 waives Relator’s sovereign immunity against Plaintiffs claims.

The crucial language of Section I.B.l.a. is the clause obligating the insurer to pay “those sums that the insured becomes legally obligated to pay as damages” because of injuries defined in Section V.13. For ease of discussion, this opinion henceforth refers to that language as “the crucial policy language.”

The crucial language of § 537.610.1 is the clause providing that sovereign immunity for political subdivisions is waived “only for the purposes covered by such policy of insurance.” For ease of discussion, this opinion henceforth refers to that language as “the crucial statutory language.”

In State ex rel. Cass Medical Center v. Mason, 796 S.W.2d 621 (Mo. banc 1990), a county hospital shielded by sovereign immunity against medical negligence claims was sued for medical negligence. Id. The suing party, relying on § 537.610.1, RSMo 1986,4 maintained the hospital waived its immunity by purchasing a liability insurance policy. Id. at 623.

The Supreme Court of Missouri rejected the argument. The court examined the policy language to ascertain the “purposes covered.” Id. That examination revealed the purposes covered did not include medical negligence. Id. The opinion explained:

“The insurance contract ... never promised coverage of the kind of claim made by [the suing party].... Because [507]*507[the] negligence claim does not fall under ‘the purposes covered by [the] policy of insurance,’ no coverage exists under this policy for the claim and no waiver of sovereign immunity exists under the language of section 537.610.1.”

Id.

Accordingly, the Supreme Court in Cass Medical Center barred the trial court from allowing the suit to proceed against the hospital. Id. at 624.

Endeavoring to distinguish Cass Medical Center from the underlying suit, Plaintiff points out — and this court agrees — that in Cass Medical Center

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Cite This Page — Counsel Stack

Bluebook (online)
18 S.W.3d 504, 2000 Mo. App. LEXIS 608, 2000 WL 486215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ripley-county-v-garrett-moctapp-2000.