Oldaker v. Peters

RENDLEN, Judge.

This is an action for wrongful death. The survivors of decedent Larry Oldaker appeal from the summary judgment entered for defendant Missouri Highway and Transportation Commission (Highway Commission) and the judgment following a verdict in favor of defendant Julia Reidlinger. The seminal issue is whether Wilkes v. Missouri Highway and Transportation Commission, 762 S.W.2d 27 (Mo. banc December 18, 1988, reh’g denied January 17, 1989), which applied the provisions for waiver of sovereign immunity contained in § 537.600, RSMo 1986, retrospectively to plaintiff there, is…