State Ex Rel. Missouri Highway & Transportation Commission v. Dierker

BENTON, Chief Justice.

Plaintiffs below sued the relator Missouri Highway and Transportation Commission for negligently constructing and maintaining an overpass. The respondent circuit court ruled that the Commission was subject to suit under the dangerous-eondition-of-property exception in section 537.600.1(2).2 Because sovereign immunity bars this wrongful death action, the alternative writ in mandamus is made peremptory. Mo. Const. art. V, sec. 4(1).

I

Olga Maxiaeva was driving home in the early hours of February 20, 1995, in St. Louis. As she drove under the Clayton Avenue overpass,…