Wrongful Death Family Revives Case After Missouri Appeal Rejects Officer’s Immunity Defense

Official immunity can end a case before a jury ever hears it, which is why this new Missouri appeal matters so much. In Jackson v. Marquart, No. ED113388 (Mo. Ct. App. E.D. May 12, 2026), the Missouri Court of Appeals revived a wrongful death suit brought after a St. Louis County police officer struck and fatally injured a 12-year-old girl with his patrol vehicle.

For the victim’s family, this was a favorable appellate ruling. The Eastern District held that the officer was not entitled to official immunity because, on the summary judgment record, he was not responding to an emergency when the crash happened. That means the wrongful death case can move forward instead of ending on immunity grounds.

What Happened Before the Fatal Collision

According to the opinion, Officer Preston Marquart and another St. Louis County officer saw a Camaro at a BP station on Halls Ferry Road with what appeared to be illegally tinted windows and license plates that did not match the registration. After the Camaro left the station, Marquart followed it to try to conduct a traffic stop for those enforceable traffic violations.

The opinion says the Camaro was moving at a high speed and weaving through traffic, but Marquart never activated his lights or siren, never honked his horn, and never informed dispatch that he was attempting a stop. He later admitted he was not in pursuit and was not responding to an emergency when his patrol vehicle struck Akeelah Jackson, who was crossing Halls Ferry Road with a friend. At the time of impact, Marquart was driving about 58 to 59 miles per hour in a 30-mile-per-hour zone.

Akeelah survived the collision for twenty-eight and a half days before dying from her injuries on November 12, 2019. Her father, Willie Jackson, then brought a wrongful death action against Marquart and St. Louis County.

Why the Trial Court Threw the Case Out

Marquart moved for summary judgment on the ground of official immunity. The trial court agreed with him, reasoning that decisions about speed and whether to use lights and sirens were discretionary police decisions protected by immunity, and that Jackson had not shown malice or bad faith.

That ruling would have ended the negligence claims against Marquart without a trial. But the Court of Appeals said the analysis in a police-driving case has to start one step earlier: was the officer responding to an emergency at all?

Why the Missouri Court of Appeals Reversed

The Eastern District explained that, in the driving context, Missouri official-immunity law distinguishes between emergency and non-emergency police conduct. Police officers driving in non-emergency situations do not get blanket immunity from negligence claims simply because they are on duty. When an officer is actually responding to an emergency, the law treats those driving decisions as discretionary and generally protected absent bad faith or malice.

Here, the summary judgment record cut against immunity. The officer admitted he was not in pursuit and was not responding to an emergency. The reasons for following the Camaro were dark window tint and a mismatched license plate, not an emergency situation. On that record, the Court of Appeals held Marquart was not entitled to official immunity as a matter of law and that summary judgment should not have been granted.

Why This Matters for Wrongful Death and Injury Cases

This opinion matters because immunity defenses often decide government-involved injury and death cases before the facts are ever tested at trial. Jackson is an important reminder that courts should not stretch official immunity too far in vehicle cases. If an officer is driving in a non-emergency situation, the officer may still owe the same duty of care that protects everyone else on the road.

That distinction matters not only in wrongful death claims, but also in serious accident injury cases where the victim survives and has to prove negligence against a government driver. Henderson Law Firm’s Wrongful Death page explains how experienced counsel can evaluate liability, immunity defenses, and the full measure of damages after a fatal injury, while the same immunity analysis can also shape the outcome of major injury litigation.

Takeaway

The practical lesson from Jackson v. Marquart is that a wrongful death family or an injured accident victim may still be able to move forward even when a police officer raises official immunity. If the officer was not responding to an emergency, Missouri law does not automatically shield that driving from negligence claims. After a fatal crash or a serious injury collision, experienced counsel can help identify every viable claim, confront immunity defenses early, and pursue the full value of the case.