Trent Berhow Missouri Cases

Trent Berhow, an incarcerated person, sued the State of Missouri for injuries sustained after falling from a ladder at Western Missouri Correctional Center. The circuit court granted the State's renewed motion for judgment on the pleadings, finding Berhow's claim was barred by the statute of limitations. On appeal, the Supreme Court of Missouri affirmed, holding that the one-year statute of limitations for actions against the Department of Corrections also applies to suits against the State when the Department acts as its agent, preventing circumvention of the statute.

Trent Berhow, an inmate on a work crew, sued the State of Missouri for injuries sustained from a fall off a ladder at a correctional center, alleging a dangerous condition. The circuit court granted the State's motion for judgment on the pleadings based on sovereign immunity and the statute of limitations, and implicitly denied Berhow's motion for discovery sanctions. The appellate court reversed the judgment on the pleadings, holding that the State is a public entity subject to the dangerous condition exception to sovereign immunity and that the one-year statute of limitations did not apply to Berhow's claim against the State. However, the court affirmed the denial of sanctions, finding no abuse of discretion, and remanded the case for further proceedings.