Pamela S. Allen and Kelly D. Allen v. State of Missouri, 32nd Judicial Circuit, Cape Girardeau County and City of…

Summary

The court held that the Allens presented sufficient evidence for a jury to find the courthouse stairs were a dangerous condition of which the State had actual or constructive notice. It nevertheless vacated the judgment against the State and in favor of the County because the jury instruction misstated the meaning of public entity's property by allowing liability based on mere control rather than legal ownership or exclusive possession and control. The court also held that the City’s legal ownership interest was sufficient to avoid a directed verdict, while affirming the judgment against the husband on his loss-of-consortium claim because the issue was not preserved.