Missouri Court of Appeals, Western District / Jun 21, 2022
Bethany J. Kelly vs. Boone County, Missouri and Brandon Wainman
Bethany J. Kelly filed a wrongful death suit against Boone County and its snow plow driver, Brandon Wainman, after a fatal collision. Kelly moved for partial summary judgment, arguing that the defendants' asserted defenses of sovereign immunity, official immunity, and the public duty doctrine were inapplicable. The trial court granted Kelly's motion, and the defendants appealed. The appellate court dismissed the appeal, holding that the partial summary judgment was not a final, appealable judgment because it did not fully resolve any claims and was therefore ineligible for certification under Rule 74.01(b).