State, city, county governments deny responsibility for Common Pleas Courthouse basement stairs

Cape Girardeau city and county government and the state of Missouri all insist they are not responsible for the Common Pleas Courthouse basement stairs that are the subject of a personal-injury lawsuit.

The state claims it's the county's responsibility, the county maintains it's the state circuit court's responsibility, and the city of Cape Girardeau insists that the responsibility rests with both the county and the state.

All three governmental entities individually have asked a judge to issue summary judgments in their favor, with each arguing that it doesn't control the courthouse and, as a result, has sovereign immunity.

Citing depositions, one court filing even discusses the basement's past, including that it once housed homeless people and even a snake.

Pamela and Kelly Allen of Cape Girardeau sued over serious injuries Pamela sustained in 2013 when she fell down stairs leading to the courthouse basement.

According to the suit, Pamela Allen incurred more than $130,000 in expenses for medical care and treatment. The suit seeks "fair and reasonable compensation."

The lawsuit was filed in March 2016 in Cape Girardeau County Circuit Court and moved to Stoddard County on a change of venue later that year.

Cape Girardeau County and city each argue they don't have complete ownership of the historic courthouse.

According to a court document filed last week by the county government's attorney, the city and county each own 50 percent of the courthouse.

The city, however, claims that under a 1979 agreement that the county is responsible for the maintenance and repair of the building.

In 2016, the county agreed to repair crumbling, exterior front steps leading to the courthouse after complaints from area runners and workout enthusiasts who use the steps.

At that time, city manager Scott Meyer said the county "has the responsibility to keep them (the steps) safe."

Attorney Mary Boner, who represents the county government, said in a court filing that the Cape Girardeau County Circuit Court clerks and judges "are in possession and control of the premises of the Common Pleas Courthouse as it relates to the operations of the court and the maintenance of the court files."

The clerks and judges are state employees, she wrote.

But the Missouri Attorney General's Office filed a court document last week stating that the circuit court doesn't own the courthouse. "Defendant county has control over the property and is required by statute to 'maintain' it for use as a courthouse," the Attorney General's Office said in a memorandum in support of its motion for summary judgment.

Boner, however, argued in a court document that while Cape Girardeau County is mandated to provide a "safe storage location" for court files, "this does not equate to exclusive control and possession of the courthouse under the waiver of sovereign immunity statute."

Boner, citing a deposition in the case, wrote that the courthouse basement housed "the court's computer system, the file server, the phone system, cleaning supplies and old office equipment as well as old files."

Court clerks controlled access to the basement, she said.

"Homeless people had stayed in the basement and lit candles so the clerks decided to start locking the basement door; probably in about 2008," Boner wrote. "The clerks were afraid the homeless people might burn their files or damage their IT equipment," she said.

As for the snake, it was seen in the courthouse basement during 2001 or 2002, according to a deposition cited in a document filed by Boner.

According to the lawsuit, Pamela Allen worked as a processor for a real estate title company.

On Aug. 26, 2013, she fell on the stairs as she was heading to the basement to retrieve a court file.

After the fall, "deputy clerks were told at their staff meeting that only clerks were permitted to go to the basement," Boner wrote.

The circuit judges decided to have the court files moved from the basement to the county's Archive Center after Allen fell on the stairs, Boner said, citing a deposition.

mbliss@semissourian.com

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