CHRISTINA FORESTER Missouri Cases

Christina Forester sued Crystal May, a children's division caseworker, for the wrongful death of her granddaughter, alleging May failed to perform a ministerial duty by not timely completing a SAFE CARE referral. The circuit court dismissed Forester's petition, finding May was entitled to official immunity and that causation was not adequately pleaded. The Supreme Court of Missouri affirmed the dismissal, holding that May's actions involved discretion and thus she was protected by official immunity, making the petition fail to state a claim.

Christina Forester filed a wrongful death lawsuit against Chrystal May, a Children's Division caseworker, after Forester's 22-month-old grandchild died from a fentanyl overdose. The trial court dismissed the petition based on official immunity and lack of causation. The appellate court reversed and remanded, holding that the caseworker's duty to complete and submit a SAFE CARE referral form was a ministerial act not subject to official immunity, and that causation was not a proper ground for dismissal as it was not raised in the motion to dismiss.