Kershaw v. City of Kansas City

KAREN KING MITCHELL, Judge.

Mark Kershaw, an employee of the City of Kansas City, and his wife, Esther Ker-shaw, brought a declaratory judgment suit against the City of Kansas City, Missouri, to recover money from the City Legal Expense Fund on an underlying negligence judgment against Mark Kershaw’s co-employee, Donald Starr. The Ker-shaws appeal from the trial court’s judgment sustaining the City’s motion for summary judgment and denying the Kershaws’ motion for summary judgment. The Ker-shaws raise two points on appeal. First, they contend that the City did not have immunity because: (1)…