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Negligence : Wrongful Death – Accident With Fireman – Official Immunity
Stephanie Maniscalco//March 3, 2015//
Where the family of a woman who died when her car was struck by a fireman responding to a fire brought a wrongful death action against the individual fireman, the fireman was responding to an emergency and was performing a discretionary act, so the trial court erred in entering judgment for the plaintiffs because the fireman sufficiently showed that he was entitled to official immunity.
Judgment is reversed.
Rhea v. Sapp (MLW No. 67489/Case No. WD77301 – 17 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Henry County, Dawson, J. (Scott S. Bethune, David M. Harris and Travis W. Shumate, Kansas City, Missouri, for respondents) (Patricia Keck and Jill L. Geary, Springfield, for appellant).
Read the full text of this opinion. (PDF)
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