Cain v. Missouri Highways & Transportation Commission

WILLIAM RAY PRICE, JR.,

Judge, dissenting.

I dissent. The accident that occurred in this case injuring Cain was the result of the negligence of those individuals involved in cutting down the tree and not the result of any pre-existing dangerous condition of property.

Under section 537.600.1, RSMo 2000, a public entity is entitled to immunity from liability and suit for negligent acts or omissions except when caused by the condition of the public entity’s property. It was not until Cain and her fellow inmates began cutting the tree that it became dangerous. This situation is distinguishable from…