Supreme Court of Missouri / Dec 23, 2024
Vernell Beach, By and Through His Natural Mother and Legal Guardian, Yolanda Walton, Respondent, v. Kenneth Zellers, Commissioner, Office of Administration State of Missouri and Andrew Bailey, Attorney General, State of Missouri, Appellants.
Vernell Beach, through his legal guardian, sought a permanent writ of mandamus to compel the State of Missouri to satisfy an $8 million default judgment from the State Legal Expense Fund, stemming from injuries Beach incurred from a state employee. The circuit court granted the permanent writ without first issuing a preliminary order in mandamus. The Missouri Supreme Court vacated the circuit court's judgment and remanded the case, holding that the failure to issue a preliminary order prejudiced the state by denying it the required opportunity to file responsive pleadings and present defenses.