Leathers v. Missouri Highway & Transportation Commission

ELLIS, Judge.

On July 25, 1987, an eastbound train struck Richard L. Leathers’ truck as he drove south over a railroad crossing located at the intersection of the Norfolk and Western Railroad and a road leading to Hager’s Liberty Bend Auto Parts, Inc., a salvage yard. The railroad crossing was just east of two bridges forming the overpass of Missouri 291 Highway (“M-291”) over the Norfolk and Western railroad tracks. On December 1, 1993, Leathers and his wife1 filed suit in the Circuit Court of Clay County against the Missouri Highway and Transportation Commission (“MHTC”), which had designed…