City of Eureka, Robert Wade, and Richard Green Missouri Cases

Appellants sued the City of Eureka, its employee Robert Wade, and painter Richard Green for inhalation injuries from paint overspray during water tank maintenance, later adding a wrongful death claim. The trial court granted summary judgment for all defendants and denied leave to add the wrongful death claim. The appellate court reversed summary judgment for Eureka, finding its water tank maintenance a proprietary function not protected by sovereign immunity. It affirmed summary judgment for Wade and Green on the original negligence claims. The court also reversed the denial of leave to add the wrongful death claim against Eureka, Green, and two new defendants, holding the claim accrued at death and was not time-barred, and that the trial court abused its discretion. However, the denial of leave as to Wade was affirmed due to official immunity.