Miller ex rel. Miller v. State

CRIST, Judge.

Plaintiff appeals from a summary judgment finding the state of Missouri not liable, by reason of sovereign immunity, for the alleged wrongful death of her mother (decedent) on February 20, 1984. We affirm.

Decedent was admitted, as a voluntary patient, to St. Louis State Hospital in April 1983. On December 14, 1983, decedent, on the recommendation of her treatment team, transferred to CARES House, Inc., a privately owned less restrictive mental treatment facility. While at CARES House decedent jumped or fell to her death from a second-story window that was not equipped with steel…