City of Harrisonville, Appellant-Respondent v. McCall Service Stations d/b/a Big Tank Oil, the Missouri Petroleum Storage Tank Insurance Fund

I respectfully dissent from Section VI of the per curiam opinion, which holds that § 319.1311 prohibits the Fund from having liability for punitive damages and that this case should be remanded to the circuit court for substitution of the Fund’s board as party defendant and a new trial.2 It is perplexing that the per curiam opinion is willing to require the Fund to adhere to some of this Court’s rules regarding preservation and presentment of issues for appellate review but not others.3 Although not explained by the per curiam opinion, this Court has jurisdiction of this case because it…