Richardson v. City of St. Louis
Missouri Court of Appeals
293 S.W.3d 133 (2009)
When Stanford Richardson went into respiratory distress, a paramedic working for the St. Louis Bureau of Emergency Medical Services, a subdivision of the St. Louis Fire Department, provided medical services. The paramedic inadvertently placed an endotracheal tube in Stanford’s esophagus instead of his trachea, and Stanford died. Believing that the paramedic’s mistake caused Stanford’s death, Stanford’s wife, Lee Richardson (plaintiff) sued the City of St. Louis (city) (defendant) for damages. The city moved to dismiss, arguing that sovereign immunity insulated it from liability. Lee claimed that sovereign immunity did not apply because the relevant conduct was rendered in the city’s performance of a commercial enterprise for a fee. The trial court held in the city’s favor, granting the motion to dismiss. Lee appealed to the Missouri Court of Appeals.
Rule of Law
Holding and Reasoning (Cohen, J.)
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