Henson v. City of Springfield

DANIEL E. SCOTT,

DISSENTING.

This court has not found or been cited to directly-controlling authority on our specific issue, ie., do “street, sidewalk, or thoroughfare” in § 82.210 include grassy strips or “parkways”1 between a curb and sidewalk? Reasonable minds may differ, as this case proves, but I think such strips fall within § 82.210 for at least two reasons.

First, the statute lists streets, sidewalks, thoroughfares, and other properties that expose a city, in its proprietary capacity, to common-law liability. Jones v. City of Kansas City, 15 S.W.3d 736, 737 (Mo. banc 2000). For…