Kary v. Missouri Highway & Transportation Commission

PUDLOWSKI, Presiding Judge.

This is an action for personal injury in which the trial court entered summary judgment in favor of defendant-respondent, Missouri Highway and Transportation Commission (hereinafter referred to as *693“Commission”) and against plaintiffs-appellants Vernon Kary and Joyce Kary. This appeal involves whether the plaintiffs have pled facts sufficient to constitute a cause of action for nuisance. We affirm.

FACTS

Prior to April 13, 1980, Commission erected metal reflector stakes along the outside shoulder of Interstate 270. One of these metal reflector stakes was struck or bent…