Schumer Ex Rel. Schumer v. City of Perryville

BILLINGS, Judge.

On June 4, 1982, the plaintiff, twelve-year-old, Douglas Schumer, was injured in an accident when a Honda three-wheeler vehicle on which he was a passenger collided with a Ford automobile on the city streets of Perryville, Missouri. Plaintiff, by his next friend, his father, filed suit against the drivers of the two vehicles involved in the accident and the City of Per-ryville for failing to properly maintain and repair the street upon which the accident occurred. The trial court granted summary judgment on behalf of the City of Perry-ville on the basis that plaintiff had…