Supreme Court rules Farmington may be sued

Ruling says officers immune from suit in death of two women

By PAULA BARR
Daily Journal Staff Writer

The police officer whose patrol car crashed into a civilian vehicle during a high-speed chase cannot be held liable for the death of two women or injuries to two children in the car, the Missouri Supreme Court ruled on Tuesday. Nor can the family of Monica Clark, Janice Moutray and Lakoda and Rodney Clark sue the other two officers in the chase.

However, the city can be held responsible because it does not enjoy the same protection as the officers, the Court ruled in an unanimous decision in the case of Southers et al versus the City of Farmington et al. Judge Mary Russell wrote the opinion.

“The court said the three individual officers cannot be personally liable,” said Matthew J. Devoti, one of the attorneys for family members Debra Southers, Terry Larson and Kathleen Hammett. “The Court said they are immune from suit while performing the duties of the office. They also said the city can be sued because the facts suggest negligence. The city can be held responsible for the acts of its employees in the course of the employment.”

That means that the wrongful death and personal injury suit is dropped against Farmington police officers Byron L. Ratliff and Larry Lacey, along with Chief Rick Baker. The civil suit against the city will go back to Judge Kenneth Pratt for trial in St. Francois County. Jurors will decide whether or not negligence played a part in the fatal collision.

After Southers and the others filed suit against the city and the three police officers, the City of Farmington asked for a summary judgment, which means the judge decides the case instead of a jury. The city said there was no negligent conduct and that the sovereign immunity, official immunity, and the public duty doctrine protected them from liability.

Pratt granted the city’s motion and found in its favor. Southers and the others appealed to the Supreme Court.

As of press time, Attorney Mark H. Zoole, the city’s attorney, had not returned calls made on Tuesday and this morning.

Farmington City Administrator Greg Beavers said this morning that he would not comment on any legal action.

“We respect the decision of the court,” Beavers said. As for the next step, he added, “We’ll discuss this with our legal counsel and insurance company.”

The case began about 4:30 p.m. May 12, 2004, when a man later identified as 49-year-old Walter L. O'Neal of St. Louis entered the Super 8 Motel in Maple Valley shopping center, displayed a small handgun and demanded money. A motel worker reported the robbery to police and told them he had left through a rear door and had driven off in a gray van.

In less than a minute, Farmington police officer Lindell Barton (not named in the lawsuit) saw the van and called in the license plate number. When O’Neal saw Barton’s patrol car, he sped away south on Maple Valley Drive, which had a speed limit of 35 mph. Barton turned on his lights and siren and headed after O’Neal at a high rate of speed.

Other officers headed toward the area. At the time, the police department's policy for pursuits limited them to no more than one primary vehicle and one backup vehicle, unless specifically instructed otherwise by a field supervisor.

Officers Ratliff and Lacey heard Barton's radio transmission, turned on their vehicles' lights and sirens, and followed Barton in pursuit. According to court documents, Ratliff saw the suspect's vehicle being followed by Barton’s patrol car on Maple Valley Drive. Ratliff saw his field supervisor, Lacey, join the pursuit in front of him. Officer Ratliff continued to follow in pursuit as the third police vehicle following the suspect.

 One of the drivers on Maple Valley Drive who pulled over to let police pass was Monica Clark, who was driving a 1997 Oldsmobile Achieva south toward Liberty Street. After the van and the two police officers drove past, Clark pulled back onto Maple Valley Drive and began to turn left onto Hazel Street.

Ratliff’s patrol car hit Clark’s car broadside. According to court documents, Ratliff was driving 67-71 mph at impact. Clark’s car was pushed approximately 42 feet from the point of impact and overturned, ejecting Moutray and 5-year-old Rodney Clark. Moutray was crushed beneath the car and later pronounced dead at the scene. Clark was partially ejected out the rear window of the car. She died a few minutes later. Rodney and 1-year-old Lakoda Clark were air-lifted to Children's Hospital in St. Louis, where they were at first listed in serious condition.

Ratliff had contusions and abrasions from the impact and deployment of air bags in the patrol car.

O'Neal continued south on Maple Valley Drive, crossed Liberty Street and lost control and struck a professional building just off Westmount Drive. He was taken into custody and transported to the police department. He currently is serving two 30-year terms for two charges of second-degree murder for the deaths of Clark and Moutray.

Southers and the others filed suit allegedly that Ratliff was negligent by endangering life when he exceeded the maximum speed limit. The petition claimed Lacey failed to control the pursuit as demanded by department policy and Missouri law. It also alleged that Baker failed to properly train his officers about the department’s pursuit policy and that the city, as the police officers’ employer, was liable for the actions of the three officers under the doctrine of “respondeat superior” (by which a master is liable for the negligence of a servant).

Devoti did not know when the lawsuit would be addressed in court.

 

Paula Barr is a reporter for the Daily Journal and can be reached at 573-431-2010, ext. 172 or at pbarr@dailyjournalonline.com.

Archives Web Site Marketplace Obits Babies Jobs