State Ex Rel. Missouri Highway & Transportation Commission v. Dierker

I respectfully dissent. The majority concludes that the condition of the overpass was too remote to Shawn Twine’s crime to be a direct cause of Olga Maxiaeva’s death. That issue should have been decided by a jury, after both sides had an opportunity to present evidence on causation.

In Oldaker v. Peters,1 a section 537.600 case against the Missouri Highway and Transportation Commission, the court of appeals stated:

Proximate cause, and hence, a causal connection, are present if the evidence shows the negligence to have been the efficient cause which set in motion the chain of circumstances…