Honorabel Kenneth R. Garrett, III Missouri Cases

The City of Lee's Summit sought a writ of prohibition to prevent the circuit court from proceeding with negligence claims filed by Kurt Pycior. Pycior alleged the City was negligent in inspecting property and enforcing its building codes, leading to his injuries from falling from an unguarded retaining wall. The circuit court denied the City's motion to dismiss based on sovereign immunity. The appellate court made its preliminary writ of prohibition permanent, holding that the City's building code enforcement and inspection duties are governmental functions, thus entitling it to sovereign immunity. The circuit court was ordered to dismiss all claims against the City.