Missouri Department of Transportation Missouri Cases

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.

The Missouri Department of Transportation (MoDOT) appealed the circuit court's decision to quash a preliminary writ of prohibition. MoDOT sought to prevent the Labor and Industrial Relations Commission from accepting additional evidence in a workers' compensation case, arguing it exceeded the Supreme Court's mandate in a prior appeal. The appellate court affirmed the circuit court's judgment, holding that the Supreme Court's remand for "further proceedings" and "a proper review" allowed the Commission discretion to accept additional evidence to meet a newly clarified objective standard for mental injury claims.