Section 9.33 Raising the Issue of the Public Duty Doctrine

LibraryLocal Government Deskbook (2017 Ed.)

C. (§9.33) Raising the Issue of the Public Duty Doctrine

In Southers v. City of Farmington, 263 S.W.3d 603, 612 (Mo. banc 2008), the Supreme Court of Missouri reaffirmed that “[t]he public duty doctrine is not an affirmative defense, but rather delineates the legal duty the defendant public employee owes the plaintiff.”

The defense of the public duty doctrine can be raised in the answer by asserting...

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