WASSERMAN v. KANSAS CITY

No. 54490.

471 S.W.2d 199 (1971)

Michael S. WASSERMAN, Appellant, v. KANSAS CITY, Missouri, a Municipal Corporation, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied October 11, 1971.


Attorney(s) appearing for the Case

William J. Marsh, Kansas City, for appellant; Popham, Popham, Conway, Sweeny & Fremont, Kansas City, of counsel.

Herbert C. Hoffman, Aaron A. Wilson, City Counselors, Robert A. Dakopolos, Charles A. Lewis, Assoc. City Counselors, Kansas City, for respondent.


HENLEY, Judge.

This is an action by a city recreation department employee against his employer for $500,000 damages for personal injuries received as a result of mob violence in a city-owned park. Defendant's motion to dismiss plaintiff's second amended petition was sustained and the action dismissed for the reason that the alleged negligence of the city arose out of a governmental function for which it is immune from liability. Plaintiff appeals from that judgment...

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