McCrory v. Missouri Highway & Transportation Commission

GAITAN, Judge.

The plaintiffs-appellants, Francis and Patricia McCrory, seek to reverse the decision of the trial court which granted a summary judgment against them. The issue involved is whether the defendant-respondent Highway and Transportation Commission is protected by sovereign immunity for dangerous conditions on public property. We reverse and remand.

On or about October 29,1986, after dusk, plaintiffs were lawfully operating a motor vehicle in a westerly direction on Highway 54, a two lane public street and highway in Pike County, owned and maintained by the State of Missouri.…