Williams v. Missouri Highway & Transportation Commission

16 S.W.3d 605, 2000 WL 103950
CourtMissouri Court of Appeals
DecidedMarch 28, 2000
DocketWD 57074
StatusPublished
Cited by19 cases

This text of 16 S.W.3d 605 (Williams v. Missouri Highway & Transportation Commission) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Missouri Highway & Transportation Commission, 16 S.W.3d 605, 2000 WL 103950 (Mo. Ct. App. 2000).

Opinions

EDWIN H. SMITH, Judge.

Kristi Williams, individually and as next friend for her minor sons, Marcel Williams and Benjamin Mims, appeals from the judgment of the Circuit Court of Jackson County granting summary judgment to the Missouri Highway and Transportation Commission (the MHTC) on the appellants’ claims for damages resulting from a motor vehicle accident in Kansas City, Missouri.1

In their sole point on appeal, the appellants claim that the trial court erred in granting the MHTC’s motion for summary judgment on the basis that their claims were barred by sovereign immunity because genuine issues of material fact existed as to whether the dangerous condition exception of § 537.6002 applied to waive the sovereign immunity defense of the MHTC so as to allow their claims for damages.

We reverse and remand.

Facts

At approximately 12:01 a.m. on June 19, 1995, Kristi Williams (Williams) was driving her 1989 Ford Tempo south on Bruce R. Watkins Drive in Kansas City, Jackson County, Missouri. Her two minor sons, Marcel Williams (Marcel) and Benjamin Mims (Benjamin), were passengers in the car. When she neared the intersection at Meyer Boulevard, she noticed that the traffic signals were out in all directions. Upon reaching the intersection, she stopped and, after determining that it was safe to proceed, entered the intersection. As she entered the intersection, another [608]*608vehicle, driven by Angela T. Uber (Uber) and traveling west on Meyer Boulevard, struck the driver’s side of Williams's car. Uber was uninsured.

As a result of the collision, Williams and her sons were injured and her vehicle was extensively damaged. Williams received injuries to her neck, shoulder, and knee. Marcel sustained injuries to his leg, neck, collarbone, and head, requiring several weeks of hospitalization, and Benjamin suffered a broken nose and multiple abrasions and contusions.

On April 10, 1997, as a result of the accident, Williams, individually and as next friend for her sons, filed suit against the MHTC in the Circuit Court of Jackson County to recover damages for their personal injuries and property loss from the damage to Williams’s Ford Tempo. An amended petition was filed on July 22, 1997. The MHTC moved for and on March 5, 1998, was granted leave by the trial court to add Uber as a third-party defendant. The appellants alleged, inter alia, in their petition that the sovereign immunity bar to their claims was waived in that the lights-out condition of the traffic signals at the intersection constituted a dangerous condition under § 537.600. The appellants also filed suit against their insurance company, American Standard Insurance Company of Wisconsin, to recover under their uninsured motorist coverage. Their claims under their uninsured motorist coverage were later settled.

On July 23, 1998, the MHTC filed a motion for summary judgment. In its motion, the MHTC alleged, inter alia, the following claimed undisputed facts:

4.Plaintiffs have asserted previously that the direct and proximate cause of Plaintiffs’ accident and injuries was “the negligent and careless acts of the uninsured motorist (Angela Uber).” See Paragraph 5 of Application for Approval of Compromise Settlement and Authority to Execute Release, signed by Plaintiff Kristi Williams on behalf of Benjamin Mims, attached hereto as Exhibit
“C” and incorporated herein by reference, and on behalf of Marcel Williams, attached hereto as Exhibit “D” and incorporated herein by reference.
5. Plaintiffs allege in Paragraph 8 of their Petition for Damages, which allegations MHTC has in its Answer denied, that Plaintiffs’ accident and their injuries were proximately caused by the dangerous condition of MHTC property, which dangerous condition was created either by the negligent or wrongful act or omission of an employee of the MHTC within the course and scope of his/her employment or that MHTC had actual or constructive notice of the dangerous condition in sufficient time prior to the injury to have taken measures to protect against the dangerous condition.
6. Contrary to the allegations in Paragraph 8 of Plaintiffs [sic] Petition for Damages, and assuming arguendo that an intersection becomes a dangerous condition when traffic signal lights go completely out, no act or omission by an MHTC employee within the course and scope of his/her employment created the condition, nor did MHTC, through its employees, have actual or constructive notice of the dangerous condition within sufficient time prior to Plaintiffs’ accident and injury to have taken measures to protect against said alleged dangerous condition.

In support of its motion, the MHTC filed the affidavit of Wallace L. Shelton, who, at the time of his affidavit and deposition, was a regional maintenance supervisor for the Missouri Department of Transportation. However, at the time of the accident, he was the signal and lighting supervisor for the district, which included the intersection of the accident.

On September 8, 1998, the appellants filed their response to the MHTC’s motion for summary judgment in which they alleged, inter alia, that Shelton’s deposition testimony supported a finding that the material facts on which the MHTC relied for [609]*609summary judgment were in dispute so as to defeat the MHTC’s motion. On February 10, 1999, the MHTC filed a voluntary dismissal as to the third-party defendant, Uber. On March 11, 1999, the trial court granted the MHTC’s motion for summary judgment.

This appeal follows.

Standard of Review
Our review is essentially de novo. The criteria on appeal for testing the propriety of summary judgment are no different from those which should be employed by the trial court to determine the propriety of sustaining the motion initially. The propriety of summary judgment is purely an issue of law. As the trial court’s judgment is founded on the record submitted and the law, an appellate court need not defer to the trial court’s order granting summary judgment.

ITT Commercial Fin. Corp. v. Mid-America Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993) (citations omitted). Summary judgment will be upheld on appeal if: (1) there is no genuine dispute of material fact, and (2) the movant is entitled to judgment as a matter of law. Id. at 380.

When considering appeals from summary judgments, the [cjourt will review the record in the light most favorable to the party against whom judgment was entered. Facts set forth by affidavit or otherwise in support of a party’s motion are taken as true unless contradicted by the non-moving party’s response to the summary judgment motion. We accord the non-movant the benefit of all reasonable inferences from the record.

Id. at 376 (citations omitted).

I.

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Williams v. Missouri Highway & Transportation Commission
16 S.W.3d 605 (Missouri Court of Appeals, 2000)

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Bluebook (online)
16 S.W.3d 605, 2000 WL 103950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-missouri-highway-transportation-commission-moctapp-2000.