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GREGG v. CITY OF KANSAS CITY

No. WD 68989.

272 S.W.3d 353 (2008)

Ronald D. GREGG, et al., Appellants, v. CITY OF KANSAS CITY, Missouri, et al., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 23, 2008.

Application for Transfer Denied January 27, 2009.

Attorney(s) appearing for the Case

John G. Sommer, Independence, for appellant.

Douglas McMillan, Kansas City, Carolyn Gail Vasterling, Jefferson City, for respondent.

Before JAMES M. SMART, JR., P.J., LISA WHITE HARDWICK, and JAMES E. WELSH, JJ.

JAMES M. SMART, JR., Judge.

This appeal arises from a wrongful death action brought against the City of Kansas City and members of the Kansas City Board of Police Commissioners. The trial court determined that the claims were barred by virtue of sovereign immunity. On appeal, the plaintiffs argue that the claims against Kansas City are not barred, because Kansas City purchased liability insurance and because the City's actions at issue were proprietary in nature....

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