Negligence : Wrongful Death – Dangerous Property Exception – Sovereign Immunity

Where the family of a man who died in an automobile accident that occurred near a construction zone filed a wrongful death action against the Missouri Highways and Transportation Commission based on an alleged dangerous condition of property, the trial court did not err in reducing the judgment against MHTC to the statutory sovereign immunity cap of $409,123 pursuant to Section 537.610 since MHTC did not waive sovereign immunity by procuring liability insurance because such immunity was already waived by statute for the dangerous condition exception, and the court also did not err in finding that the six appellants were required to share a single cap of $409,123 because the wrongful death action involved the death of one person in a single accident.

Judgment is affirmed.

Holesapple v. Missouri Highways and Transportation Commission (MLW No. 70400/Case No. SD34122 – 18 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Howell County, Evans, J. (H. Lynn Henry, West Plains, for appellant) (Laurel Elizabeth Stevenson and Terri Lynne Parker, Springfield, for respondent).

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