McNeill Trucking Company and a driver were sued for wrongful death

Supreme Court of Missouri, Feb 09, 2005

Following settlements for injuries sustained as a result of a motor vehicle accident, defendants, McNeill Trucking Company (McNeill) and Roy S. Golden, filed third-party petitions seeking contribution from the Missouri State Highway and Transportation Commission (MHTC).

MHTC responded with motions to dismiss asserting the defense of sovereign immunity. The motions were granted. We hold that claims for contribution are not statutorily barred by sovereign immunity when compensatory damage claims for injuries result from dangerous conditions on public property and a joint obligation on the liability is shared by tortfeasors.

The judgment is reversed and the case is remanded for further proceedings consistent with this opinion.
The two underlying lawsuits forming the basis for this consolidated appeal involved personal injuries sustained in a motor vehicle accident that occurred on Interstate 44 (I-44) in Laclede County, Missouri. McNeill employed Mr. Golden, an independent contractor, as a tractor-trailer driver. On September 7, 1997, the truck he was driving overturned and an automobile driven by Jack Kramer collided with the wreckage.

Mr. Kramer was injured along with all four of his children. His only son, Kyle, died as a result of the injuries he sustained.
The first suit was a wrongful death action against McNeill and Golden for the loss of Kyle. The second, involving the same parties, sought recovery for the injuries sustained by the surviving family members.

The plaintiffs reached settlement agreements in both suits, but prior to their dismissal McNeill and Golden filed third-party petitions seeking contribution from the MHTC alleging negligence in the construction, repair, and maintenance of the section of I-44 where the accident occurred. MHTC responded with motions to dismiss asserting the defense of sovereign immunity. The motions were granted.
McNeill and Golden raise two points on appeal. They contend MHTC waived its sovereign immunity defense by not timely asserting it, and that sovereign immunity is not a bar to a third-party action for contribution. If sovereign immunity is not a bar, then the issue of waiver need not be reached.