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STATE EX REL. NEW LIBERTY v. PRATT

No. 66481.

687 S.W.2d 184 (1985)

STATE ex rel. NEW LIBERTY HOSPITAL DISTRICT, Relator, v. The Honorable Stephen R. PRATT, Judge of the Circuit Court of Clay County, Respondent.

Supreme Court of Missouri, En Banc.

April 2, 1985.

Attorney(s) appearing for the Case

Ronald R. McMillin, Jefferson City, Myron S. Silverman, Kansas City, for relator.

J.C. Hambrick, Jr., David B. Sexton, Jane Pansing Brown, Kansas City, for respondent.

GUNN, Judge.

By way of prohibition, relator New Liberty Hospital District asserts sovereign immunity as the basis for prohibiting respondent from proceeding in a tort action against it.

The underlying tort action was brought against the hospital district and a physician. The hospital district was charged with actual and vicarious negligence in the treatment of a hospital patient. The hospital district's motion to dismiss the action on the ground of sovereign...

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