Lawhon v. City of Smithville

BERREY, Presiding Judge.

Plaintiffs appeal from the circuit court’s judgment on the pleadings in favor of the defendants, City of Smithville (hereinafter City) and the Smithville and Community Fire Fighting Association (hereinafter Fire Fighting Association). The issue on appeal is whether defendants waived their immunity to suit by purchasing liability insurance pursuant to § 71.185 RSMo 1978. 1 This court affirms.

Plaintiffs, Jerry E. Simpson, owner of “Porky’s” restaurant and lounge, and Woodrow W. Lawhon, owner of an amusement arcade and the restaurant fixtures within the aforementioned…