Beaver v. Gosney

BRECKENRIDGE, Judge.

Betty and James Beaver appeal from the dismissal of their action against Steven He-bauf, an officer of the Kansas City, Missouri Police Department, for failure to state a cause of action for which relief may be granted. The Beavers raise three points in this appeal claiming that the trial court erred in sustaining Hebauf’s motion to dismiss because: (1) sovereign immunity was abrogated by the legislature under § 537.-600, RSMo 1986, 1 in two specific situations and such action by implication abrogated the public duty doctrine; (2) the public duty doctrine should be…