Missouri Court of Appeals, Eastern District / May 22, 2018
Judith Britton, Appellant, vs. City of St. Louis, Respondent.
Judith Britton sued the City of St. Louis for wrongful death after her husband was killed by a negligent driver at a bus stop, alleging a dangerous condition of the City's property. The trial court dismissed her petition for failure to state a claim, concluding the driver's negligence was the sole cause. The Eastern District reversed and remanded, holding that Britton sufficiently pleaded a claim under the dangerous condition exception to sovereign immunity, and that an intervening negligent driver does not necessarily preclude a finding of proximate cause at the pleading stage.