Missouri Court of Appeals, Eastern District / Feb 23, 2021
Tierra Kemp, Individually and as the Surviving Mother of Decedent, Cameron Keeper, Appellant, vs. Mancy McReynolds, R.N., Michele Coombs, R.N., Millicent Coleman, and Nycole Umphrey, Respondents.
Tierra Kemp, individually and as the surviving mother of Cameron Keeper, appealed the trial court's dismissal of her petition alleging medical malpractice and negligence against school nurses and teachers following her daughter's death. The trial court had granted motions to dismiss based on official immunity and the Paul D. Coverdell Teacher Protection Act. The appellate court reversed and remanded, holding that the petition sufficiently pleaded breaches of ministerial duties, that official immunity did not apply to medical professionals in non-emergency situations as pleaded, and that the Coverdell Act did not clearly protect the teacher based on the petition's allegations.