Dorinda Craig v. Missouri Department of Health, et al.

Dorinda Craig brought suit against the Missouri Department of Health (MDH) alleging a violation of her rights under the Americans with Disabilities Act (ADA).(FN1) After a protracted procedural history, the case was dismissed by the circuit court. The judgment of the circuit court is reversed and the case is remanded.

I.

Craig's original ADA suit was filed in Cole County in December 1997. The MDH removed the case to the United States District Court for the Western District. While the case was pending, the United States Court of Appeals for the Eighth Circuit issued its opinion in Alsbrook v. City of Maumelle, Arkansas(FN2) holding that, pursuant to the Eleventh Amendment, states are immune from ADA suits in federal court.(FN3) The federal court, upon motion and over objection, allowed Craig to amend her complaint to add three new defendants(FN4) and several new counts alleging violations of the Missouri Human Rights Act (MHRA),(FN5) the Rehabilitation Act (RA),(FN6) the Family and Medical Leave Act (FMLA),(FN7) and the Civil Rights Act (CRA).(FN8) The CRA claims were ultimately withdrawn, and the remaining federal claims were found to be barred by the Eleventh Amendment. Finding it lacked jurisdiction over the federal claims, the court declined to exercise supplemental jurisdiction over the state law MHRA claim. The case was remanded to state court.

After remand, the MDH filed an answer to Craig's second amended petition from the federal court and a motion for judgement on the pleadings. The trial court granted the motion and dismissed the case finding the State to be immune from the federal claims and finding the MHRA claim to be time barred pursuant to section 213.111.1. Subsequent to the dismissal, Craig filed a motion for a new trial or to set aside the judgment and a motion for leave to file a third amended petition. These motions were not ruled upon and were deemed overruled ninety days after the date of filing pursuant to Rule 78.06. Craig appealed. After opinion by the court of appeals, this Court granted transfer, jurisdiction pursuant to Mo. Const. article V, section 10.

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"The trial court's judgment in a court-tried case may be reversed when it is not supported by substantial evidence, is against the weight of the evidence, or erroneously declares or applies the law."(FN26) The circuit court erroneously applied the law when it dismissed Craig's MHRA claims as being time barred, and the MDH was not entitled to a judgment as a matter of law based upon the pleadings. The judgment of the circuit court is reversed and the case is remanded in favor of Plaintiff.

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C.L.