St. James School District Liability

All public entities, including school districts, have some potential protection from being sued and held responsible for negligent acts, under a doctrine of sovereign immunity. While Missouri does have a limited exception for sovereign immunity that is likely above $2 million, because so many people were injured in this wreck, that limitation might not cover all of the damages suffered. Fortunately, Missouri law does allow a claim against the drivers of the buses, independent of the direct liability of the school districts. In the case of Cole v. Warren County R-III School District,. 23 S.W.3d 756, 760 ( Mo.App. 2000) the Missouri court held that:

The School District and John Bass also argue that under the principles of respondeat superior the liability of the employer is fixed by the amount of liability of the employee and thus, John Bass should get the same reduction in judgment that the School District has under the statute. We disagree.

Once vicarious liability for negligence is admitted under respondeat superior, the person to whom negligence is imputed becomes strictly liable to the third party for damages attributable to the conduct of the person from whom negligence is imputed. McHaffie By and Through McHaffie v. Bunch, 891 S.W.2d 822, 826 (Mo. 1995). The liability of the employer is fixed by the amount of liability of the employee. Id.

In addressing the respondeat superior issue in the context of a statutory cap, the Western District recently found different judgment amounts against the Missouri Highway Transportation Commission (MHTC) and its employee for the employee's negligence were not inconsistent. Cottey v. Schmitter and State Highway and Transportation Comm., slip opinion, (Mo. App. W.D., April 22, 2000, at 5). In Cottey, a snowplow driver, while working "in the scope and course of his employment with the Missouri Department of Transportation," injured a motorist's passenger. Id. at 2. The trial court entered judgment against the employee in the amount of $250,000 and against the MHTC in the statutory amount of $100,000. Id. The Western District in applying Sections 537.610(2) and 537.600, RSMo 1994, found the employee could not take advantage of the MHTC's immunity. Id. at 5. The Western District affirmed the trial court's decision not to reduce the judgment against the employee as it had done for the MHTC. Id.

Here, the trial court initially found that the School District and John Bass were liable for the same amount. The trial court then reduced the School District's liability to the statutory amount. As discussed above, this statutory immunity is not transferable to the employee. We find, in light of the Western District's recent opinion, these amounts are not inconsistent and do not violate the principles of respondeat superior.

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