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Kraus v. Hy-Vee11/9/2004
lack of electric signals, confusing road striping at the intersection, and the high rate of speed at which cars passed through the intersection, "all of which said citizens felt made the intersection dangerous and that they feared for their safety and well being at said intersection."
The petition further alleged that car crashes at or near the intersection increased six-hundred percent "from the year prior to the construction of the Hy-Vee Store." The petition further alleged that all of the defendants knew or should have known that the traffic impact study was " incorrect and vague in that due to the volume of traffic at [the intersection] it warranted immediate placement of an electric traffic signal according to [MHTC's] own standards and design manual existing at that time." The petition further alleged that "based upon the volume and flow of traffic the speed limit at said intersection should have been reduced."
As to MHTC specifically, the petition also alleged that MHTC had disregarded its own standards and design manual when it did not immediately place an electric signal at the intersection based upon traffic volume cited in the traffic impact study of Transystems, "thereby breaching a duty to the public and more particularly plaintiffs' decedent."
In the revised professional negligence count, the third amended petition alleged that Transystems normally used certain manuals in preparing traffic impact studies and that Transystems failed to follow the manuals that it normally used when it prepared the traffic impact study in this case. The petition further alleged that Transystems "failed to recommend the immediate installation of an electric signal at the intersection . . . when [MHTC's] design manual mandated it due to the volume of traffic." The petition alleged that Transystems "owed to Plaintiffs a duty to exercise a reasonable standard of care, such as following the guidelines in said manuals, whereby [Transystems] knew or should have known that the intersection . . . due to the high volume of traffic generated by the construction and opening of the Hy-Vee store . . . required electric traffic signals for the controls of traffic." And the petition alleged that Transystems "breached its duty of care to Plaintiffs by negligently providing an incorrect and vague Traffic Impact Study, which it knew Defendants would rely upon." It also alleged that " s a direct and proximate result of Defendant Transystems Corporation's negligence, Defendants did not install an electric traffic control device."
After the survivors filed the third amended petition, Transystems again moved for judgment on the pleadings, and again argued that it had no duty to plaintiffs as a matter of law because any duty in the case rested exclusively with the government. Hy-Vee Weitz filed a separate "motion to dismiss and/or motion for judgment on the pleadings" in which it incorporated by reference Transystems' motion. The trial court sustained Transystems' and Hy-Vee Weitz's motions for judgment on the pleadings.
Hy-Vee likewise filed a "motion for judgment on the pleadings and/or motion to dismiss." Hy-Vee argued that it had no duty as a matter of law because any duty rested exclusively with the government. Hy-Vee also incorporated by reference the separate motions of Transystems, Hy-Vee Weitz, and MHTC. The trial court sustained Hy-Vee's motion.
MHTC filed a motion to dismiss the third amended petition, again arguing that the survivors had failed to allege all of the elements necessary for waiver of sovereign immunity, including facts constituting a dangerous condition in public property or that Ms. Kraus' death resulted from such a condition. In the alternat
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