Stoddard County judge denies state's motion to dismiss Common Pleas Courthouse suit

Stoddard County Circuit Judge Stephen Mitchell has denied a motion by the state of Missouri seeking to be dismissed from a personal-injury lawsuit stemming from a fall down stairs at the Common Pleas Courthouse in Cape Girardeau.

Mitchell ruled Monday on the motion in a case that was moved from Cape Girardeau County to Stoddard County on a change of venue.

In a brief, written ruling, Mitchell did not explain his decision. He ordered the state to file "responsive pleadings" within 30 days.

The original lawsuit was brought against Cape Girardeau County. In July, the judge agreed to the plaintiffs' request to include the city of Cape Girardeau and the state of Missouri as defendants.

Pamela Allen and her husband Kelly initially sued Cape Girardeau County government in March over serious injuries she sustained in 2013 when she fell down stairs leading to the basement of the historic courthouse.

According to the amended lawsuit, the county and city each own half interest in the courthouse at 44 N. Lorimier St. As part of a 1979 agreement, the county government is responsible for maintenance and repairs to the building, the lawsuit states. The building houses circuit court offices and courtrooms. The circuit-court system is part of state government.

Missouri Attorney General Chris Koster and assistant attorney general Katherine Walsh argued in a memorandum filed with the court "the county has control over the property and is required, by statute, to maintain it for use as a courthouse."

But in a written response, plaintiffs' attorney D. Matthew Edwards insisted the state has become "an indispensable party to this action in that should county prevail in asserting that the courthouse is the state's property, plaintiffs would therefore hold state responsible for the dangerous condition of the property."

"Until such time as a finding of fact is made as to which public entity the courthouse belongs, the state should not be dismissed as a party to this action," Edwards wrote.

mbliss@semissourian.com

(573) 388-3641

Pertinent address:

44 N. Lorimier St., Cape Girardeau, Mo.