[Download] "Bobby M. Alexander v. State Missouri" by Supreme Court of New Hampshire # Book PDF Kindle ePub Free

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eBook details

• Title: Bobby M. Alexander v. State Missouri
• Author : Supreme Court of New Hampshire
• Release Date : January 13, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Plaintiff Bobby Alexander appeals from a judgment and order entered in favor of defendant State of Missouri on the states motion for judgment on the pleadings or in the alternative for summary judgment. The trial court sustained the motion and in effect dismissed plaintiffs claim for failure to state a cause of action. Because no evidence or supporting affidavits were offered, we examine only the pleadings to determine whether as a matter of law a cognizable action is stated. Plaintiff alleges that he fell from a ladder while servicing elevators in the Jefferson State Office Building as a result of a dangerous condition of the states property within the meaning of 537.600.1(2), RSMo 1986; the state asserts that the statutory exceptions to sovereign immunity are not applicable under the facts stated in the petition because plaintiffs injuries were not caused by a "dangerous condition" of the states property. The Court of Appeals, Western District, reversed the trial courts judgment, holding that plaintiff had pled a cause of action within the scope of § 537.600.1(2); however, one Judge Dissented and ordered the cause transferred pursuant to Mo. Const. Art. V, § 10, to resolve a perceived a conflict between the majority opinion and Kanagawa v. State of Missouri, by and through Freeman, 685 S.W.2d 831 (Mo. banc 1985) and Twente v. Ellis Fischel State Cancer Hospital, 665 S.W.2d 2 (Mo. App. 1983). We decide the cause as though on original appeal and reverse and remand.

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