Missouri Court of Appeals, Eastern District / Feb 11, 2020
Patricia Watson, Appellant, vs. City of St. Peters, Respondent.
Patricia Watson sued the City of St. Peters for negligence after she was injured when her bicycle wheel entered a storm water sump inlet extending into a sidewalk. The jury found for the City, and the trial court entered judgment accordingly. The appellate court reversed and remanded for a new trial, holding that the trial court abused its discretion by excluding evidence of the City's pre-accident citywide program to address sump inlet conditions. This evidence was not excludable as a subsequent remedial measure and was material to proving the City's knowledge of the dangerous condition.