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Bruce v. Hills

Missouri Court of Appeals, Eastern District
Jun 24, 2008
254 S.W.3d 66 (Mo. Ct. App. 2008)

Opinion

No. ED 89500.

January 22, 2008. Motion for Rehearing and/or Transfer to Supreme Court Denied March 10, 2008. Application for Transfer Denied June 24, 2008.

Appeal from the Circuit Court of St. Louis County, Cause No. 05CC-004007, Steven H. Goldman, Judge.

Ted F. Frapolli, The Law Offices of Ted F. Frapolli, St. Louis, MO, for appellant.

Paule, Camazine Blumenthal, P.C., D. Keith Henson; Thomas M. Blumenthal, St. Louis, MO, for respondent.

Before MARY K. HOFF, P.J., and SHERRI B. SULLIVAN, J., and GEORGE W. DRAPER III, J.



ORDER


Cheri Bruce and Robert Bruce (collectively Plaintiffs) appeal from the grant of summary judgment in favor of Officer John Spicer (Officer Spicer), Officer Richard Westrich (Officer Westrich), and the City of Sunset Hills (the City) (collectively Defendants) on Plaintiffs' petition for negligence and loss of consortium. On appeal, Plaintiffs argue the trial court erred in granting summary judgment in favor of Defendants because (1) Defendants' actions constituted the proximate cause of Cheri Bruce's injuries; (2) Officers Spicer and Westrich were not protected by the public duty doctrine; (3) Officers Spicer and Westrich were not protected by official immunity; and (4) the City waived sovereign immunity through the negligent actions of Officers Spicer and Westrich in the operation of their patrol vehicles. We affirm.

We have reviewed the briefs of the parties, the legal file, and the record on appeal and find the claims of error to be without merit. An extended opinion reciting the detailed facts and restating the principles of law would have no precedential value. We affirm the judgment pursuant to Rule 84.16(b). The parties have been furnished with a memorandum for their information only, setting forth the reasons for the order affirming the judgment pursuant to Rule 84.16(b).


Summaries of

Bruce v. Hills

Missouri Court of Appeals, Eastern District
Jun 24, 2008
254 S.W.3d 66 (Mo. Ct. App. 2008)
Case details for

Bruce v. Hills

Case Details

Full title:Cheri BRUCE and Robert Bruce, Plaintiffs/Appellants, v. CITY OF SUNSET…

Court:Missouri Court of Appeals, Eastern District

Date published: Jun 24, 2008

Citations

254 S.W.3d 66 (Mo. Ct. App. 2008)