Walley v. La Plata Volunteer Fire Department, 368 S.W.3d 224

Walley and her husband sued La Plata Volunteer Fire Department, City of La Plata, La Plata Rural Fire Protection Association, and employees for injuries from a March 4, 2001 automobile accident.
Walley was a Missouri State Highway Patrol Trooper responding to an emergency when the crash occurred.
Walley drove at high speed up a hill with no warning, cresting into Mock’s vehicle, causing injuries and medical expenses of about $222,426, plus claimed economic losses.
Defendants contested causation and damages; experts disputed extent of injuries and ability to work.
At trial, Walley’s comparative fault was submitted to the jury over her objections based on official immunity and Mock’s release.
The jury apportioned 90% fault to Walley and 10% to La Plata, awarding $800,000 in damages to Walley.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Official immunity and comparative fault	Walley: official immunity bars comparative fault against her as plaintiff; release by Mock absent binding effect.	La Plata: official immunity does not bar comparative fault here; Mock’s release does not bind La Plata, nor waive Walley’s fault.	Official immunity does not shield Walley from comparative fault as plaintiff; release does not bind La Plata; instruction proper.
Admission of Walley's speed on Highway 63	Evidence of prior speed was irrelevant or prejudicial and should have been excluded.	Evidence was admissible to provide a complete picture of events leading to the accident and Walley’s conduct.	Admissible; any error was not prejudicial; no reversal required.

Southers v. City of Farmington, 263 S.W.3d 603 (Mo. banc 2008) (official immunity protects discretionary acts during emergencies)
Davis v. Lambert-St. Louis Intl. Airport, 193 S.W.3d 760 (Mo. banc 2006) (official immunity does not preclude negligent conduct analysis)
Kanagawa v. State, 685 S.W.2d 831 (Mo. banc 1985) (official immunity doctrine described)
Missouri Highway and Transp. Comm’n v. Kansas City Cold Storage, Inc., 948 S.W.2d 679 (Mo. App. W.D. 1997) (sovereign immunity and comparative fault where state sues private party)
Stapleton v. Griewe, 602 S.W.2d 810 (Mo. App. W.D. 1980) (remoteness and continuity in prior-speed evidence)
Legere, 706 S.W.2d 560 (Mo. App. S.D. 1986) (continuity in vehicle speed evidence considerations)
State v. Rios, 314 S.W.3d 414 (Mo. App. W.D. 2010) (evidentiary relevance standards)
Nelson v. Waxman, 9 S.W.3d 601 (Mo. banc 2000) (trial court evidentiary discretion and prejudice standard)
Mid Rivers Mall, L.L.C. v. McManmon, 37 S.W.3d 253 (Mo. App. E.D. 2000) (parol evidence rules and contract interpretation principles)
Estate of Gross v. Gross, 840 S.W.2d 253 (Mo. App. W.D. 1992) (preservation of evidentiary objections and prejudice required)