Negligence: Wrongful Death-Inhalation Injuries-Immunity

Where appellants claimed they suffered serious inhalation injuries from the painting of large water tanks owned by the city on property near their homes, the painting of the tanks was a proprietary function, thus the city was not entitled to official immunity, so summary judgment for the city is reversed, and a supervisor’s work was discretionary, so he was entitled to official immunity and summary judgment in his favor is affirmed, but the trial court’s analysis  of the statute of limitations was erroneous, so appellants should be granted leave to file a third amended petition adding a wrongful death claim.

Judgment is affirmed in part; reversed and remanded in part.

Shade-Schaefer v. City of Eureka (MLW No. 79872/Case No. ED110581 – 20 pages) (Missouri Court of Appeals, Eastern District, James M. Dowd, J.) Appealed from circuit court, St. Louis County, Corrigan Jr., J. (Charles W. Billings, Mary L. Bruntrager and Charles H. Billings for appellants) (Paul L. Knobbe and Sarah Mangelsdorf and Julie L. Petraborg for respondents).