Missouri Court of Appeals, Western District / Date unavailable
Clint Puckett, et al. vs. Nodaway County, MO., et al.
Clint Puckett and Kevin Bradshaw appealed the dismissal of their negligence petition against Nodaway County and Polk Township, which alleged injuries from a dangerous public roadway condition. The trial court dismissed the petition for failure to state a claim, finding it did not sufficiently plead facts to waive sovereign immunity. The appellate court reversed, holding that the petition adequately alleged a dangerous condition of the T intersection, exacerbated by a lack of warning signs in dark conditions, thereby waiving sovereign immunity. The case was remanded for further proceedings.