Missouri
How Black v. State of Massachusetts applies in Missouri: state-specific rules, key cases, and bar exam notes for Torts.
Missouri courts typically adopt the principle of sovereign immunity, similar to Black v. State of Massachusetts, where the state is generally not liable for the torts of its employees unless expressly waived. However, Missouri has statutory exceptions that allow for some claims against the state.
In Missouri, the state can be held liable for tortious acts committed by its employees under the Missouri sovereign immunity waiver statute, specifically RSMo § 537.600, primarily covering negligent acts but not intentional torts.
The court determined that the state had waived its sovereign immunity for certain tort actions, allowing recovery for negligence under specific circumstances.
The court reiterated that sovereign immunity does not protect the state when it engages in proprietary functions, leading to liability.
This case emphasized the limited exceptions to sovereign immunity, permitting a claim for negligent hiring and supervision.
Missouri's application of sovereign immunity largely mirrors the federal standard, which also limits governmental liability. However, Missouri's specific statutory exceptions provide broader pathways for claims against the state than federal law, particularly concerning negligent acts.
Understanding Missouri's approach to sovereign immunity is crucial for the Missouri bar exam, as it frequently tests knowledge of state-specific tort principles, including waivers of immunity.