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Negligence-Fatal Traffic Accident-Official Immunity
Staff Report//May 13, 2026//
Plaintiff appealed the grant of summary judgment to defendant. Defendant, a former police officer, struck plaintiff’s minor daughter while following another vehicle to initiate a traffic stop. Defendant moved for summary judgment based on qualified immunity, which the trial court granted.
Where defendant was not driving in response to an emergency, he was not entitled to official immunity as a matter of law as police did not have blanket immunity from negligence when driving in non-emergency situations but instead were required, like all motorists, to drive with the highest degree of care and to follow traffic rules and regulations.
Judgment is reversed and remanded.
Jackson v. Marquart (MLW No. 84764/Case No. ED113388 – 16 pages) (Missouri Court of Appeals, Eastern District, Navarro-McKelvey, J.) Appealed from circuit court, City of St. Louis, Whyte, J. (James D. O’Leary, Joseph F. Yeckel and Michael Gross for appellant) (Thomas J. Magee, Andrew E. Gilkerson and Peter A. Houser for respondent)
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