Travis Poke v Independence School District
Release Date: Sept. 7, 2021
Venue: WD 84198
Summary: Janitor alleged abdominal injuries from lifting at work and school district fired him and denied workers compensation benefits after a positive drug test identified marijuana. School district defended the claim that termination was not a pretext and it had a defense of sovereign immunity although it had bought a liability policy on the contingency that immunity barred such actions. The court found the trial erred to grant defense a motion for summary judgment and relied upon an inapplicable statute as the basis for its decision.
The court concludes a school district is not protected by sovereign for a claim of retaliatory discharge and the trial court erred to conclude 105.800 was a shield to avoid such claims. In Krasney, King, Wyman, and Wille the employee claimant was employed by the state to perform duties on behalf of the state, and was thus a "state employee" as defined by section 105.800." The court distinguishes whether the employer is a state employer or if claimant is a state employee.
"We conclude that the General Assembly's creation of a civil action for damages in section 287.780 that can be brought against any employer, and the General Assembly's intent that the Workers' Compensation Law apply to every governmental body included within the definition of "employer" at section 287.030.1(2), combine to reflect an express waiver of sovereign immunity for section 287.780 claims of retaliatory discharge....
[and did not address] "the retention of sovereign immunity by the state with respect to claims of retaliatory discharge by state employees, as provided in section 105.850, and as held in Krasney, King, Wyman, and Wille." [including claims of injunctive relief].
The court notes plaintiff has the burden to show an exception to sovereign immunity. "Although the School District asserted sovereign immunity as an affirmative defense in its Answer, sovereign immunity is not an affirmative defense but is instead a part of the plaintiff's prima facie case, such that Poke had an obligation to plead specific facts in his Petition supporting a waiver of, or an exception to, sovereign immunity. State ex rel. City of Kansas City v. Harrell, 575 S.W.3d 489, 492 (Mo. App. W.D. 2019). The School District did not file a motion to dismiss Poke's Petition for failure to state a claim, and its Motion for Summary Judgment did not argue that Poke failed to plead a waiver of, or an exception to, sovereign immunity."
Cast:
Martin , Hon.
Doyle, atty
Marriott, atty
