Donahue v. City of St. Louis

WELLIVER, Judge.

Appellant, Thomas C. Donahue, brought this action against respondent, City of St. Louis, for damages that resulted from an automobile accident at an intersection. Respondent filed a motion to dismiss for failure to state a claim. The trial court sustained respondent’s motion. The Court of Appeals, Eastern District, reversed and remanded holding that under their reading of our prior cases sovereign immunity was waived by the dangerous condition of property exception of § 537.600, RSMo 1986. We transferred the case and decide it as on original appeal. Mo. Const, art. V, § 10. We…