Attorney General and Commissioner of Administration Missouri Cases

Lisa Wilson, whose father died after being struck by a Metrolink train, obtained a wrongful death judgment against the train operator, Flernoy, with an agreement to execute only against the State Legal Expense Fund (SLEF). Wilson then filed a declaratory judgment action seeking a declaration that Flernoy, as an employee of the Bi-State Development Agency, was covered by the SLEF. The circuit court granted summary judgment for the State, finding Bi-State is not a state agency. The appellate court affirmed, concluding that Bi-State is an interstate compact entity, not an agency of the State of Missouri, and therefore the SLEF is not available to satisfy the judgment.