State ex rel. Missouri Highway & Transportation Commission v. Ryan

SATZ, Presiding Judge.

This is an action in prohibition. In the underlying suit, plaintiffs alleged their decedent was killed due to a dangerous condition on public property maintained by defendant Missouri Highway and Transportation Commission (Commission). The Commission moved for summary judgment on the grounds that plaintiffs’ suit was barred by sovereign immunity. The Commission supplemented its motion with an affidavit stating liability insurance had not been purchased for the claim at issue. No counter-affidavits were filed. Respondent circuit judge denied the Commission’s motion for…