Section 9.30 Public Duty Doctrine and Express Waivers of Sovereign Immunity

• Library: Local Government Deskbook (2017 Ed.)

C. (§9.30) Public Duty Doctrine and Express Waivers of Sovereign Immunity

In Southers v. City of Farmington, 263 S.W.3d 603 (Mo. banc 2008), the Supreme Court of Missouri eliminated considerable confusion over the application of the public duty doctrine in cases involving express waivers of sovereign immunity.

Because the public duty doctrine negates the element of duty toward the plaintiff, it is reasonable to conclude that the doctrine releases governmental entities from liability when they are sued on...