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STATE EX REL. MISSOURI HIGHWAY AND TRANSP. COM'N v. DIERKER

No. 79965.

961 S.W.2d 58 (1998)

STATE ex rel. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Relator, v. Honorable Robert H. DIERKER, Jr., Judge, Circuit Court, St. Louis City, Respondent.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing February 24, 1998.

Attorney(s) appearing for the Case

Zachary T. Cartwright, Rich Tiemeyer, Mo. Highway & Transp. Comm'n, Jefferson City, for Relator.

Gerald M. Dunne, Clayton, Tyrone A. Taborn, City Counselor, Stephen J. Kovac, Assoc. City Counselor, St. Louis, for Respondent.

BENTON, Chief Justice.

Plaintiffs below sued the relator Missouri Highway and Transportation Commission for negligently constructing and maintaining an overpass. The respondent circuit court ruled that the Commission was subject to suit under the dangerous-condition-of-property exception in section 537.600.1(2).2 Because sovereign immunity bars this wrongful death action, the alternative writ in mandamus is made peremptory. Mo. Const...

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