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Kraus v. Hy-Vee11/9/2004
City of Marston v. Mann, 921 S.W.2d 100, 102 (Mo. App. S.D. 1996) ("In the second line of cases, Missouri courts began relaxing the physical defect standard holding that the physical deficiency in a public entity's property could constitute a dangerous condition if the dangerous condition was created by positioning various objects on the property and not by intrinsic defects in the property."). This does not include those conditions caused by misuse or other intervening acts, however. Id. at 103. See also, Jeffrey A. Burns, 2A Missouri Practice, Methods of Practice Litigation Guide (4th ed. 2002) Section 29.5 at 151 ("The concept of dangerous condition does not include property which is not itself physically defective, but may be the site of injuries and the result of misuse or other intervening act.").
A dangerous condition of public property also exists as a matter of law when there is "negligent, defective, or dangerous design of a highway or road." Wilkes v. Mo. Highway & Transp. Comm'n, 762 S.W.2d 27, 28 (Mo. banc 1988). "Signs and traffic controls can be a part of negligent, defective, or dangerous maintenance and design of state roads and highways." United Mo. Bank v. City of Grandview, 105 S.W.3d 890, 902 (Mo. App. W.D. 2003) (quoting Linton v. Mo. Highway & Transp. Comm'n, 980 S.W.2d 4, 9 (Mo. App. E.D. 1998)). "Accordingly, a dangerous condition of public property may arise from a general failure to post adequate signing or traffic controls." Id.
The Missouri Supreme Court has recognized the importance of traffic control devices in this context and said:
We believe the primary purposes in the design of roads and highways are (1) expediting the flow of traffic, and (2) safety. Traffic control and control devices are an integral part of expediting traffic flow and attaining safety, and design, of necessity is a continuing process which encompasses such things as widening, changing of grades, resurfacing, and installation of lights and traffic controls. We are compelled to hold that this traffic control device was contemplated within the clear unambiguous meaning of the words used in the amendment [to the sovereign immunity statute].
Donahue v. City of St. Louis, 758 S.W.2d 50, 52 (Mo. banc 1988).
Under this exception, the government can be liable for failing to maintain existing traffic control devices and road signs. See id. at 50, 53 (petition adequately alleged a dangerous condition of public property where it alleged that the stop sign on a city street was down and was not visible to motorists entering the intersection from the direction in which the plaintiff was traveling); Fox v. City of St. Louis, 823 S.W.2d 22, 23-24 & n.1 (Mo. App. E.D. 1991) (petition adequately alleged that accident resulted from dangerous condition in that stop sign was not in place and city failed to repair, remedy, or warn of condition).
But the government also can be liable for the "general failure to post adequate signing." Linton, 980 S.W.2d at 7 (allegations against MHTC for negligent design and inadequate signing for a left-side exit). See also Wilkes, 762 S.W.2d at 28 (petition alleged, among other things, that MHTC was negligent in failing to warn of danger of ice on bridge or to reduce speed when approaching the bridge); United Mo. Bank, 105 S.W.3d at 894, 903 (no entitlement to summary judgment on ground that conservator could not establish dangerous condition of property as a matter of law where conservator of estate alleged, among other things, that city was negligent for failing to properly warn approaching traffic of dangerous intersection, failing to post reduced speed limit signs, and allowing exit to be constructed without a
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