Gerber v. Neveaux

OPINION

CRIPPEN, Judge.

This case arises on the claim of respondent, the trustee for the survivors of Amy Sue Gerber, that the automobile occupied by the decedent when she was fatally injured went out of control due to negligence of appellant St. Louis County in building or maintaining the roadway where the incident occurred. The trial court denied appellant’s statutory immunity claim on the theory that appellant failed to show its exercise of discretion caused the road defect. Because appellant demonstrated the exercise of discretion relevant to all theories of negligence adequately asserted…