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PHELPS v. CITY OF KANSAS CITY

No. WD 69493.

272 S.W.3d 918 (2009)

Angela PHELPS and Lynn Dill, Appellants, v. CITY OF KANSAS CITY, Missouri, Respondent, North Kansas City School District, Defendant.

Missouri Court of Appeals, Western District.

January 13, 2009.

Attorney(s) appearing for the Case

Patrick S. Cierpiot and Charlie Dickman, Kansas City, MO, for appellants.

Douglas McMillan, Kansas City, MO, for respondent.

RONALD R. HOLLIGER, Presiding Judge.

Angela Phelps (Phelps) and Lynn Dill (Dill) appeal a judgment dismissing a wrongful death claim against the City of Kansas City, Missouri, (City) for failure to state a claim upon which relief can be granted. They argue that their petition sufficiently avers each and every element of statutory waiver of the City's sovereign immunity so as to state a viable cause of action. Because the sole basis for the dismissal was City's contention...

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