Section 9.9 Court Decisions and Legislative Responses

• Library: Local Government Deskbook (2017 Ed.)

F. (§9.9) Court Decisions and Legislative Responses

Ironically, in the first 15 years following Jones v. State Highway Commission, 557 S.W.2d 225 (Mo. banc 1977), the Court that sought to abolish sovereign immunity handed down three controversial sovereign immunity decisions favoring governmental entities, thereby provoking negative reactions from the legislature that had reinstated sovereign immunity.

In Bartley v. Special School District. of St. Louis County, 649 S.W.2d 864, 868 (Mo. banc 1983), the Court declared that the waiver of sovereign immunity for negligent operation of motor vehicles and for the condition of property was only to the extent that a public entity had purchased liability insurance for that purpose.

In 1985, the legislature responded to Bartley, 649 S.W.2d 864, by amending §...