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Klemme v. Best

941 S.W.2d 493 (1997)

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Klemme v. Best

Missouri Supreme Court
941 S.W.2d 493 (1997)

  • Written by Sharon Feldman, JD

Facts

Byron Klemme (plaintiff) was a police officer. James and Cathy Linzie (the Linzies) brought a claim against Klemme, the City of Columbia, and other police officers, alleging that Klemme and the others intentionally killed the Linzies’ 19-year-old daughter in violation of her civil rights. Robert Best Jr. and his law firm, Watson & Marshall, L.C. (defendants) represented Klemme, the City of Columbia, and the other officers. Before filing the complaint, the Linzies’ counsel showed Best a draft complaint naming Klemme as a defendant. Best knew Klemme was not involved in the shooting but did not inform the Linzies’ counsel because it was not in the City of Columbia’s interest. Best did inform the Linzies’ attorney that another officer did not participate, and that officer was omitted from the filed complaint. Klemme brought a malicious-prosecution action against the Linzies and their attorneys. Six-and-a-half years later, Klemme filed an amended petition, alleging claims of constructive fraud and breach of fiduciary duty against Best and Watson & Marshall. Klemme’s claims were dismissed for failure to state a claim and because they were barred by the statute of limitations. Following opinion by the court of appeals, the Missouri Supreme Court granted transfer.

Rule of Law

Issue

Holding and Reasoning (Benton, J.)

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