Barton v. City of Ellisville

SMITH, Presiding Judge.

Plaintiff appeals from an order of the Circuit Court of St. Louis County sustaining respondent’s motion to dismiss Count II of his petition, thereby dismissing the defendant City of Ellisville from the action.

Plaintiff filed a petition in two counts. Count I sought damages from defendant Gavel for wilfully, wantonly and maliciously battering, striking and hitting plaintiff; Count II sought damages against the defendant City of Ellisville for the negligent failure to relieve Gavel from his position as a policeman when the City of Ellisville knew or should have known of…