Moore v. Bi-State Development Agency
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The Supreme Court affirmed the judgment of the circuit court reducing Plaintiff's personal injury award against Bi-State Development Agency (hereinafter, "Metro") to comply with the statutory cap set forth for public entities afforded sovereign immunity pursuant to Mo. Rev. Stat. 537.610, holding that there is no conflict between section 537.610 and Mo. Rev. Stat. 70.439's adopted federal regulations.
Plaintiff was injured when a Metro Call-A-Ride bus collided with Plaintiff's school bus. The jury awarded Plaintiff $1.878 million in damages. Metro filed a motion for remittitur, asserting that the award should be reduced pursuant to section 537.610, which sets the liability limitations for public entities. The circuit court sustained the motion and reduced the damage award to the statutory maximum plus interest. On appeal, Plaintiff argued that section 537.610 conflicts with section 70.249 because the latter statute adopted specific federal regulations and was enacted after section 537.610. The Supreme Court affirmed, holding that there is no conflict between section 537.610's plain statutory language providing for a damages cap and section 70.439 providing that Metro needs to comply with federal safety regulations to receive state funding.
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