Schroeder v. St. Louis County

I concur with the conclusion of the majority that Stephen Ario is not entitled to common law official immunity on the claim that he operated without lights, but I would go further, and thus respectfully dissent with respect to the conclusion that St. Louis County is entitled to either statutory immunity or vicarious official immunity on the claim that Ario was otherwise negligent in grading against traffic. I would conclude that statutory immunity is not available to the county because Ario’s decisions (1) not to deadhead and (2) to grade against traffic without giving any warning, were…