SMITH v. NEW LIBERTY HOSPITAL DISTRICT OF CLAY COUNTY

No. WD 72415.

339 S.W.3d 573 (2011)

Steve SMITH and Dianne Smith, Appellants, v. The NEW LIBERTY HOSPITAL DISTRICT OF CLAY COUNTY, Missouri, et al., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 31, 2011.


Attorney(s) appearing for the Case

Brian J. Klopfenstein , Kearney, MO, for Appellants.

Kelly L. McClelland , Kenneth E. Cox , Jerome M. Patience , Ryan L. McClelland , Liberty, MO, for Respondent, New Liberty Hospital District.

David J. Weimer , Kansas City, MO, for Respondent, Kramer & Frank, P.C.

Before Division II: KAREN KING MITCHELL, Presiding JUDGE, and JOSEPH M. ELLIS and VICTOR C. HOWARD, Judges.


Order

PER CURIAM:

This is a malicious prosecution case. The first issue is whether the circuit court erred in granting, on the basis of sovereign immunity, one defendant's motion to dismiss the petition for failure to state a claim. We hold that the defendant, a governmental entity, was immune from a suit based on malicious prosecution. Accordingly, we affirm. The second issue is whether the circuit court erred in granting another defendant's motion for...

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