Claspill v. State, Division of Economic Development

BERREY, Judge.

Darrell Claspill appeals from the dismissal of his personal injury action on the grounds of sovereign immunity. He presents two points in this appeal: (1) that the trial court erred in dismissing appellant’s petition because such action is authorized by § 537.600, RSMo Supp.1989; and (2) that the trial court erred in determining that venue was not properly in Bates County, Missouri.

Darrell Claspill was a railroad engineer employed by Missouri Pacific Railroad. On May 13, 1986, appellant was a member of the train crew on a coal train traveling northbound through Adrian, Missouri.…