Missouri Court of Appeals, Western District / Dec 17, 2019
Erin Thompson and Clarence Bell, Xavior Dydell, A Minor, by and Through His Mother and Next Friend, Amber Dydell, Carissa Wilson and Karlo Ginn, Sr. vs. City of St. Joseph, Missouri
Appellants, including injured passenger Xavior Dydell and wrongful death claimants, sued the City of St. Joseph after a fatal car accident on Riverside Road, alleging a dangerous condition due to an unmarked edge and a nine-inch drop-off. The trial court granted summary judgment for the City, finding sovereign immunity was not waived. The appellate court reversed and remanded, holding that genuine issues of material fact existed regarding whether the road's condition was a direct cause of the injuries and whether the driver's criminal acts constituted an intervening or superseding cause.