The Honorable Kevin Crane Missouri Cases

The Department of Natural Resources sought a writ of prohibition to bar the circuit court from proceeding with a personal injury claim filed by Scott Frey, who was injured while biking on the Katy Trail. The circuit court had denied the department's motion for summary judgment, which asserted immunity under the Recreational Use Act. The Supreme Court of Missouri made its preliminary writ of prohibition permanent, holding that the Recreational Use Act protects the department from liability. The Court found that the department met the Act's immunity requirements and that no exceptions, including those for gross negligence or ultrahazardous conditions, applied. It also rejected the argument that the department could be held vicariously liable for its employees' actions, as employees acting on behalf of a landowner share the landowner's immunity regarding land conditions.

Relator Lacee Adams pleaded guilty to assault and stealing, receiving concurrent eight-year sentences. Nearly three weeks later, the circuit court entered an order of restitution. Adams sought a writ of prohibition or mandamus, arguing the circuit court lacked jurisdiction to issue the restitution order after the final judgment and sentence. The appellate court made the preliminary writ permanent, holding that the circuit court exhausted its jurisdiction once the criminal judgment became final and therefore its subsequent restitution order was void.