The Missouri Supreme Court recently issued a ruling against a request from the city of Festus for a permanent summary judgment in a case involving a homeowner’s suit against the city.
Martin Strong v. City of Festus is a case filed in 2023, but stemming from events that occurred in 2015.
The Supreme Court’s decision follows arguments made before it March 10 in Missouri v. the Honorable Joseph Rathert. According to court records, the Supreme Court issued an order March 25 stating that a writ previously issued “is hereby quashed.”
On March 10, Strong’s attorney, Sean Westhoff, argued against the city’s request for permanent summary judgment and Matthew G. Koehler of McCarthy, Leonard & Kaemmerer argued for it on behalf of the city of Festus.
Court records show the case of Martin Strong v. City of Festus was filed Aug. 7, 2023, in Jefferson County Circuit Court by Westhoff on behalf of Strong. Westhoff’s petition to the court said a driver struck a fire hydrant in September 2015, leading to city workers coming to the scene to repair the damaged hydrant and a section of water line near Strong’s house. The petition asserts that a polyurethane gasket at a section of the water line failed, leading to water flooding the surrounding area, including Strong’s home, causing permanent damage to the foundation and the house’s structure.
The petition stated that more than $200,000 in damages occurred to Strong’s house.
A synopsis of Missouri v. the Honorable Joseph Rathert on the Missouri Courts website gave the following description: Strong sued the city. The city moved for summary judgment, a judgment on the court filings without a trial, arguing it had sovereign immunity for damages caused by a government function, which includes the negligent construction, maintenance or use of fire-extinguishing equipment. The circuit court (Rathert) overruled the motion, holding there were no genuine issues of material fact precluding a summary judgment. The state Supreme Court issued a preliminary writ prohibiting the circuit court from taking any action other than to vacate its order and grant summary judgment to the city. The city asked the state Supreme Court to make the writ permanent.
The synopsis further stated the primary question before the state Supreme Court was whether Festus is entitled to summary judgment, and related issues include: whether sovereign immunity precludes Strong’s claims; whether the damaged line is considered done through a government function or a proprietary function; and other specifics involved with the damage claims.
A civil setting for Martin Strong v. City of Festus is scheduled for June 8 before Rathert in Division 1 Circuit Court at the Jefferson County Courthouse.