Section 9.15 Second Element: Injury Directly Resulted From the Dangerous Condition

• Library: Local Government Deskbook (2017 Ed.)

2. (§9.15) Second Element: Injury Directly Resulted From the Dangerous Condition

“The phrase ‘directly resulted from’ in section 537.600.1(2)[, RSMo 2016,] is synonymous with ‘proximate cause.’” State ex rel. Mo. Highway & Transp. Comm’n v. Dierker, 961 S.W.2d 58, 60 (Mo. banc 1998).

The practical test of proximate cause is whether the defendant’s negligence “is that cause or act of which the injury was the natural and probable consequence.” Krause v. U.S. Truck Co., 787 S.W.2d 708, 710 (Mo. banc 1990). “To the extent the damages are surprising, unexpected, or freakish, they may not be the natural and probable consequences of a defendant’s actions.” Callahan v. Cardinal Glennon Hosp., 863 S.W.2d 852, 865 (Mo. banc 1993).

Applying these...