STATE EX REL. BARTHELETTE v. SANDERS

No. 69999.

756 S.W.2d 536 (1988)

STATE ex rel. Ken BARTHELETTE, Relator, v. Honorable James L. SANDERS, Judge, Circuit Court, St. Louis City, Respondent.

Supreme Court of Missouri, En Banc.

September 13, 1988.


Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Gary L. Gardner, Asst. Atty. Gen., Jefferson City, for relator.

Norman A. Selner, St. Louis, for respondent.


RENDLEN, Judge.

This case, presenting issues of "official immunity" and the "public duty" doctrine, arises from the drowning death of Michael J. Brenneisen, a sixteen-year-old boy, while swimming on a Boy Scout expedition in August 1985 at Johnson Shut-Ins State Park. The Black River was swollen during a flash flood and as he swam in the river, Michael was caught by the current and swept to his death. His body was later found caught in a submerged ball of tree roots...

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