Negligence : Wrongful Death – Sovereign Immunity – Fire Department

Where a woman fell while fire department employees were carrying her up stairs and she suffered a head injury and died as a result, the non-emergency, lift-assist response served to safeguard and preserve the health of citizens, was “performed for the common good of all” even though it only benefited the requesting citizen, and the city did not receive any benefit from providing the service; therefore the city was entitled to sovereign immunity from a wrongful death lawsuit even though the city charter did not expressly authorize non-emergency lift assists.

Judgment is affirmed

Crouch v. City of Kansas City, Missouri (MLW No. 66752/Case No. WD76824– 13 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from the circuit court, Jackson County, Campbell, J. (Richard Fisk and Mark Beam-Ward, Kansas City, for appellant) (Tara M. Kelly and Kelly L. Mills, Kansas City, for respondents).

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