decision to waive immunity in Missouri

2001The sovereign, subject to constitutional limitations, “may prescribe the terms and conditions under which it may be sued, and the decision to waive immunity, and to what extent it is waived, lies within the legislature’s purview.” Williams v. City of Kansas City, 782 S.W.2d 64, 66 (Mo. banc 1990) (quoting Winston v. Reorganized School District R-2, 636 S.W.2d 324, 328 (Mo. banc 1982)).

1990We are not persuaded that we should abandon both deference to the legislature’s policy choice and the precedents of this Court that have upheld the mandatory character of the requirement of written notice. “[Wjithin constitutional limits, a sovereign may prescribe the terms and conditions under which it may be sued, and the decision to waive immunity, and to what extent it is waived, lies within the legislature’s purview.” Winston v. Reorganized School District R-2, 636 S.W.2d 324, 328 (Mo. banc 1982).

2001The sovereign, subject to constitutional limitations, “may prescribe the terms and conditions under which it may be sued, and the decision to waive immunity, and to what extent it is waived, lies within the legislature’s purview.” Williams v. City of Kansas City, 782 S.W.2d 64, 66 (Mo. banc 1990) (quoting Winston v. Reorganized School District R-2, 636 S.W.2d 324, 328 (Mo. banc 1982)).

1993This argument is more properly directed to the General Assembly, which can balance the level of compensation of tort victims with the need to protect public funds. "[W]ithin constitutional limits, a sovereign may prescribe the terms and conditions under which it may be sued, and the decision to waive immunity, and to what extent it may be waived, lies within the legislature's purview." Id.; Williams v. City of Kansas City, 782 S.W.2d 64, 66 (Mo.banc 1990); cf. Harrell v. Total Health Care Inc., 781 S.W.2d 58, 62 (Mo.banc 1989).

1993This argument is more properly directed to the General Assembly, which can balance the level of compensation of tort victims with the need to protect public funds. “[Wjithin constitutional limits, a sovereign may prescribe the terms and conditions under which it may be sued, and the decision to waive immunity, and to what extent it may be waived, lies within the legislature’s purview.” Id.; Williams v. City of Kansas City, 782 S.W.2d 64, 66 (Mo.banc 1990); cf. Harrell v. Total Health Care Inc., 781 S.W.2d 58, 62 (Mo.banc 1989).

1993This argument is more properly directed to the General Assembly, which can balance the level of compensation of tort victims with the need to protect public funds. "[W]ithin constitutional limits, a sovereign may prescribe the terms and conditions under which it may be sued, and the decision to waive immunity, and to what extent it may be waived, lies within the legislature's purview." Id.; Williams v. City of Kansas City, 782 S.W.2d 64, 66 (Mo.banc 1990); cf. Harrell v. Total Health Care Inc., 781 S.W.2d 58, 62 (Mo.banc 1989).

1990See also Findley, 782 S.W.2d at 396 . (“It being constitutionally permissible for the legislature to cloak municipalities with immunity by statute, it necessarily follows that any waiver of immunity granted is subject to the limits imposed in the waiver.”) Section 82.210 requires a written notice to the mayor of the city within ninety days of the occurrence as a condition precedent to a limited waiver of sovereign immunity.

1982Sambs, supra 293 N.W.2d at 514 ; Frazier v. Alum Crest, 48 Ohio App.2d 283 357 N.E.2d 407, 411 (1976), appeal dismissed, 429 U.S. 1082 , 97 S.Ct. 1087 , 51 L.Ed.2d 528 (1977).

1982Sambs, supra 293 N.W.2d at 514 ; Frazier v. Alum Crest, 48 Ohio App.2d 283 357 N.E.2d 407, 411 (1976), appeal dismissed, 429 U.S. 1082 , 97 S.Ct. 1087 , 51 L.Ed.2d 528 (1977).