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TALLEY v. MISSOURI HIGHWAY & TRANSP. COM'N

No. WD 33429.

659 S.W.2d 290 (1983)

Robert TALLEY and Karen Talley, Eve Smith and Lynn Dempsey and Irene Dempsey, Plaintiffs-Respondents, v. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION and Bob Hutton, Defendants-Appellants.

Missouri Court of Appeals, Western District.

August 23, 1983.

Attorney(s) appearing for the Case

Bruce A. Ring, Earl H. Schrader, Jr., Darold W. Jenkins, Kansas City, for defendants-appellants.

Andrew S. Carroll, Edgar S. Carroll, Warrensburg, for plaintiffs-respondents.

Before NUGENT, P.J., and TURNAGE and LOWENSTEIN, JJ.

LOWENSTEIN, Judge.

On December 29, 1980, maintenance employees of the Missouri Highway and Transportation Commission (Commission) dug a ditch across an access road between state Route 58 and a service station. The workers put up no signs or barricades to warn motorists of the existence of this ditch.

On December 30, 1980, between 6:30 p.m. and 7:00 p.m., plaintiffs Robert Talley, Eve Smith and Lynn Dempsey exited Route 58 onto the access road. Each drove his...

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