Simmons v. State, 272 S.W.3d 409 (Mo. Ct. App. 2008). · Go Syfert
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Simmons v. State, 272 S.W.3d 409 (Mo. Ct. App. 2008). Cases Citing This Book View Copy Cite
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cited 5× by 4 distinct cases, 2021–2024 · 2 courts · …the plaintiff shoulders the burden of proving the existence of an insurance policy and that the terms of the policy cover the plaintiff's claim. at p. 415 ⚠ not in text
67 citation events (67 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 30 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State of Missouri, ex rel., The School District of Kansas City 33 v. The Honorable Jerri J. Zhang (3×) also: Cited as authority (rule)
Mo. Ct. App. · 2023 · quote attribution · 1 verbatim quote · confidence high
the extent of the waiver of sovereign immunity is expressly dictated, and limited, by the terms of the insurance policy
discussed Cited as authority (rule) Brian Smith v. Justin Lee, et al.
W.D. Mo. · 2026 · confidence medium
Mo. 2015) (citing Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo. Ct. App. 2008)).“Because the liability of a public entity for torts is the exception to the general rule of sovereign immunity, a plaintiff must specifically plead facts demonstrating that the claim is within an exception to sovereign immunity.” Id. (citing Epps v. City of Pine Lawn, 353 F.3d 588, 594 (8th Cir. 2003)).
cited Cited as authority (rule) Sandra Lynn Hemme v. The City of St. Joseph, Missouri, et al.
W.D. Mo. · 2026 · confidence medium
Mo. 2015) (citing Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo. Ct. App. 2008)).
cited Cited as authority (rule) Matthew McNealy v. City of St. Louis, Missouri, et al.
E.D. Mo. · 2025 · confidence medium
Dist., 491 S.W.3d 628, 635 (Mo. App. 2016) (quoting Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo. App. 2008)).
discussed Cited as authority (rule) Berry v. Missouri Department of Corrections Women's Eastern Reception, Diagnostic and Corrections Center
E.D. Mo. · 2024 · confidence medium
See also Epps v. City of Pine Lawn, 353 F.3d 588, 594 (8th Cir. 2003) (plaintiff must demonstrate existence of insurance “that covered the plaintiff’s claim”); Jiang, 156 F. Supp. 3d at 1007 (citing Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo. Ct. App. 2008)).
cited Cited as authority (rule) Varela v. Hill
E.D. Mo. · 2024 · confidence medium
Louis, 636 S.W.3d 889 , 900 (Mo. Ct. App. 2021) (citing Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo. App. 2008); Brennan ex rel.
discussed Cited as authority (rule) Brandy v. City of Saint Louis, Missouri
E.D. Mo. · 2023 · confidence medium
Dist., 491 S.W.3d 628, 635 (Mo. Ct. App. 2016)) (citing Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo. Ct. App. 2008)); Brennan By & Through Brennan v. Curators of the Univ. of Mo., 942 S.W.2d 432, 436-37 (Mo. Ct. App. 1997)).
examined Cited as authority (rule) Cassandra Cox v. Callaway County Sheriff's Department (3×)
Mo. Ct. App. · 2023 · confidence medium
Dist. v. Grate, 576 S.W.3d 262, 269 (Mo. App. W.D. 2019) (quoting Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo. App. E.D. 2008)).
discussed Cited as authority (rule) Biggs v. City of Maryland Heights (2×)
E.D. Mo. · 2022 · confidence medium
Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo.App.2008).
discussed Cited as authority (rule) Washington v. St. Louis, Missouri, City of (2×)
E.D. Mo. · 2022 · confidence medium
Louis, 636 S.W.3d 889 , 900 (Mo. Ct. App. 2021) (quoting Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo. Ct. App. 2008)).
discussed Cited as authority (rule) Kristine Hendrix v. City of St. Louis
Mo. Ct. App. · 2021 · confidence medium
“We will construe 12 any such waiver narrowly; that is, the extent of the waiver is ‘expressly dictated, and limited, by the terms of the insurance policy.’” Id. (quoting Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo. App. E.D. 2008)).
discussed Cited as authority (rule) Blakeney v. City of Pine Lawn, Missouri
E.D. Mo. · 2021 · confidence medium
In Topps v. City of Country Club Hills, 272 S.W.3d 409, 412 (Mo. App. 2008), for example, the Missouri Court of Appeals affirmed that the defendant city’s MOPERM policy (identical to the policy here) did not waive sovereign immunity for the plaintiff's whistleblower retaliation claims.
discussed Cited as authority (rule) Brenda Estes, As Guardian and Next Friend for Jane Doe v. The Board of Trustees of The Missouri Public Entity Risk Management Fund In Their Official Capacities (2×)
Mo. Ct. App. · 2021 · confidence medium
Fund, 358 S.W.3d 177, 182 (Mo. App. W.D. 2012) (In rejecting a third party claimant's contention that MOPERM is a public entity, rather than an insurance company, our Court stated that MOPERM's "coverage of public entities is similar to, if not indistinguishable from, the coverage that insurers provide to insureds." (citing section 537.705.1)); Topps v. City of Country Club Hills, 272 S.W.3d 409, 415-18 (Mo. App. E.D. 2008) (treating MOPERM memorandum of coverage as a contract of insurance subject to interpretation by applying traditional rules of contract construction); Charles Maggard Agency…
discussed Cited as authority (rule) Johnson v. City of Leadington (2×) also: Cited "see"
E.D. Mo. · 2020 · confidence medium
To qualify for the insurance exception in particular, Plaintiff “shoulders the burden of proving the existence of an insurance policy, and that the terms of the policy cover [her] claims.” Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo. Ct. App. 2008).
discussed Cited as authority (rule) Blakeney v. City of Pine Lawn, Missouri
E.D. Mo. · 2020 · confidence medium
The insurance exception to sovereign immunity is quite narrow, the extent of which is “expressly dictated, and limited, by the terms of the insurance policy.” Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo. App. E.D. 2008).
discussed Cited as authority (rule) State ex rel. Blue Springs School District v. The Honorable Jack R. Grate
Mo. Ct. App. · 2019 · confidence medium
"The plaintiff shoulders the burden of proving the existence of an insurance policy, and that the terms of the policy cover the claims asserted by the plaintiff against the [political subdivision]." Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo. App. E.D. 2008).
discussed Cited as authority (rule) A.F., by and through her next friend L.F. v. Hazelwood School District, Brenda Rone and Elizabeth Brands
Mo. Ct. App. · 2016 · confidence medium
We will construe any such waiver narrowly; that is, the extent of the waiver is “expressly dictated, and limited, by the terms of the insurance policy.” Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo.App.E.D.2008).
cited Cited as authority (rule) Jiang v. Porter
E.D. Mo. · 2015 · confidence medium
Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo.Ct.App.2008).
cited Cited as authority (rule) Lisa Armbruster v. Mercy Medical Group
Mo. Ct. App. · 2015 · confidence medium
Topps v. City of Country Club Hills, 272 S.W.3d 409, 416 (Mo, App. E.D, 2008).
cited Cited as authority (rule) Armbruster v. Mercy Medical Group
Mo. Ct. App. · 2015 · confidence medium
Topps v. City of Country Club Hills, 272 S.W.3d 409, 416 (Mo.App.E.D.2008).
discussed Cited as authority (rule) Stephens v. Dunn
Mo. Ct. App. · 2014 · confidence medium
Because “finding a municipality liable for torts is the exception to the general rule of sovereign immunity, a plaintiff must plead with specificity facts demonstrating his claim falls within an exception to sovereign immunity.” Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo.App.E.D.2008) (internal quotation and citation omitted).
discussed Cited as authority (rule) SHERI STEPHENS v. SHERIFF W. ARCHIE DUNN, SHERIFF JACK L. MERRITT, RETIRED, C.E. WELLS, JOHN DOE I, JOHN DOE III, and JOHN DOE IV, Defendants/Respondents, and GERALD TUCK, JOHN DOE II, JOHN DOE V, and JOHN B. FREITAS, DO
Mo. Ct. App. · 2014 · confidence medium
Because “finding a municipality liable for torts is the exception to the general rule of sovereign immunity, a plaintiff must plead with specificity facts demonstrating his claim falls within an exception to sovereign immunity.” Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo.App.
cited Cited as authority (rule) White v. City of Ladue
Mo. Ct. App. · 2013 · confidence medium
Topps v. City of Country Club Hills, 272 S.W.3d 409, 414 (Mo.App.
discussed Cited as authority (rule) Sexton v. City of Hannibal
E.D. Mo. · 2011 · confidence medium
Sexton’s argument that the “Employment Practices Liability Coverage” section of the MIRMA plan waives the City’s sovereign immunity with regard to Count III is foreclosed by Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo.Ct.App.2008), which held that such a provision does not override a provision in the same policy stating that the policy is not meant to constitute a waiver of sovereign immunity.
cited Cited as authority (rule) Vaughn v. GENASCI
Mo. Ct. App. · 2010 · confidence medium
Topps v. City of Country Club Hills, 272 S.W.3d 409, 415 (Mo.App.
discussed Cited as authority (rule) Hendricks v. CURATORS OF UNIV. OF MISSOURI (2×) also: Cited "see, e.g."
Mo. Ct. App. · 2010 · confidence medium
Topps v. City of Country Club Hills, 272 S.W.3d 409, 416 (Mo.App.
discussed Cited as authority (rule) Bennartz v. City of Columbia (2×)
Mo. Ct. App. · 2009 · confidence medium
Id. at 559 . 5 Similarly, in Topps v. City of Country Club Hills, the plaintiff, a former City Clerk, reported “ ‘inappropriate and unethical business practices and violations of policies and procedures’” by the City of Country Club Hills. 272 S.W.3d 409, 412 (Mo.App.
cited Cited as authority (rule) Wright v. City of Salisbury, Mo.
E.D. Mo. · 2009 · confidence medium
Topps v. City of County Club Hills, 272 S.W.3d 409, 414 (Mo.Ct.App.2008) (quoting Kunzie v. City of Olivette, 184 S.W.3d 570, 574 (Mo.2006)); Junior Coll.
discussed Cited as authority (rule) Maritz Holdings, Inc. v. Federal Insurance Co.
Mo. Ct. App. · 2009 · confidence medium
In determining whether an ambiguity exists, we must give words their “plain and ordinary meaning as understood by a reasonable, average person.” Topps v. City of Country Club Hills, 272 S.W.3d 409, 416 (Mo.App.
cited Cited "see" Becker v. Allied Property & Casualty Insurance Co.
Mo. Ct. App. · 2013 · signal: see · confidence high
See Topps v. City of Country Club Hills, 272 S.W.3d 409, 418 (Mo.App.E.D.2008).
Retrieving the full opinion text from the archive…
Rick E. SIMMONS, Appellant,
v.
STATE of Missouri, Respondent
WD 68429.
Missouri Court of Appeals.
Nov 18, 2008.
272 S.W.3d 409
R. Gregory Harrison, Liberty, MO, for appellant., Shaun J. Mackelprang, Mary H. Moore, Jefferson City, MO, for respondent.
Div I: Holliger, P.J., Hardwick and Welsh.
Published

Order

PER CURIAM.

Rick Simmons appeals from the denial of his Rule 29.15 motion for post-conviction relief. He contends the circuit court erred in refusing to vacate his second-degree assault conviction based on ineffective assistance of counsel. For reasons explained in a Memorandum provided to the parties, we find no error and affirm the judgment. Rule 84.16(b).