Bartley v. Special School District of St. Louis County

WASSERSTROM, Special Judge,

dissenting.

The statutes under consideration, Sections 537.600 and 537.610, are susceptible to two different and conflicting constructions:

Construction No. 1. The General Assembly intended to waive sovereign immunity solely in the two situations described in Section 537.600, i.e. injuries from operation of vehicles by public employees and injuries arising from dangerous conditions of public property. The legislature further intended that even that waiver be limited so that the public entity would have no liability in excess of liability insurance purchased by it or…