Legal Opinion

Nelson v. Missouri Division of Family Services

Missouri Court of Appeals

Decided February 5, 1985No. WD 35739PublishedCited by 11 opinions

1Opinion of the Court

MANFORD, Judge.

This is a civil action seeking actual and punitive damages upon alleged statutory and common law negligence. This appeal has been taken from a judgment in the form of an order of dismissal. The judgment is affirmed.

Four points are presented, which in summary charge that the trial court erred in (1) failing to acknowledge a civil cause of action under § 210.145, RSMo 1978, (2) barring the cause of action under the public duty rule, (3) failing to acknowledge a cause of action under the common-law rescue doctrine, and (4) barring the cause of action on the basis of sovereign…

2Cases cited5 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. American Polled Hereford Ass'n v. City of Kansas CitySupreme Court of Missouri · 1982
  3. Norwood v. NorwoodSupreme Court of Missouri · 1944
  4. Nelson Ex Rel. Wharton v. FreemanDistrict Court, W.D. Missouri · 1982
  5. Varnal v. Kansas CityMissouri Court of Appeals · 1972

3Cited by11 opinions

  1. Missouri Insurance Guaranty Ass'n v. Wal-Mart Stores, Inc.Missouri Court of Appeals · 1991
  2. Asarco, Inc. v. McNeillMissouri Court of Appeals · 1988
  3. Johnston v. Allis-Chalmers Corp.Missouri Court of Appeals · 1987
  4. Abbate v. TortolanoMissouri Court of Appeals · 1990
  5. Greening v. KlamenMissouri Court of Appeals · 1986

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