Legal Opinion
Gamache v. Missouri Highway & Transportation Commission
Missouri Court of Appeals
Decided July 8, 1986No. WD 37855PublishedCited by 3 opinions
1Opinion of the Court
TURNAGE, Judge.
Joanne Gamache filed suit against the Missouri Highway and Transportation Commission alleging that she was injured when she fell through a defective grating which covered a sewer opening on the shoulder of Interstate 70. The court granted the Commission’s motion for summary judgment on the ground the cause of action was barred by sovereign immunity. Ga-mache contends the legislature amended two statutes in 1983 which revealed its intent to abolish the defense of sovereign immunity for this action and that even if sovereign immunity applies, the Commission is liable under a…
2Cases cited5 opinions
- Jones v. State Highway CommissionSupreme Court of Missouri · 1977
- Page v. Metropolitan St. Louis Sewer DistrictSupreme Court of Missouri · 1964
- State Ex Rel. St. Louis Housing Authority v. GaertnerSupreme Court of Missouri · 1985
- Anderson v. StateMissouri Court of Appeals · 1986
- Jones v. State Highway CommissionMissouri Court of Appeals · 1979
3Cited by3 opinions
- Kurz v. City of St. LouisMissouri Court of Appeals · 1986
- Asher v. Department of Corrections & Human ResourcesMissouri Court of Appeals · 1987
- McCrory v. Missouri Highway & Transportation CommissionMissouri Court of Appeals · 1988