Missouri Court of Appeals, Western District / Feb 23, 2021
Michael Lee vs. Missouri Department of Transportation
Michael Lee sued the Missouri Department of Transportation for wrongful death after his daughter, Jessica Lee, died when her car was swept off a flooded road. The trial court dismissed the petition, concluding Jessica's awareness of the danger precluded the claim under *Harris v. Niehaus*. The appellate court reversed and remanded, holding that the petition sufficiently alleged that MoDOT should have anticipated the harm despite the condition's potential obviousness, given the circumstances and the road being the sole egress.