Missouri Court of Appeals, Southern District / Oct 26, 2020
JANE DOE, as next friend on behalf of JOHN DOE MINOR, a minor, Appellant vs. JOHN GARAGNANI, and CAMDENTON R-III SCHOOL DISTRICT, Respondents
Jane Doe, a high-schooler, sued her teacher and school district in tort after the teacher allegedly refused her urgent restroom request, causing her to wet herself. The trial court granted summary judgment for both defendants based on sovereign immunity for the District and official immunity or the public-duty doctrine for the Teacher. The appellate court affirmed the summary judgment for the District, finding no waiver of sovereign immunity. However, it reversed and remanded the summary judgment for the Teacher, concluding that he had not established his right to judgment as a matter of law on his immunity defenses.