Section 9.17 Fourth Element: Public Employee Tortiously Created the Dangerous Condition, or Public Entity Had Actual or Constructive Notice of the Dangerous Condition in Time to Protect Against It

• Library: Local Government Deskbook (2017 Ed.)

4. (§9.17) Fourth Element: Public Employee Tortiously Created the Dangerous Condition, or Public Entity Had Actual or Constructive Notice of the Dangerous Condition in Time to Protect Against It

In determining who are “public employees,” the courts presumably will use the same master-servant analysis used in the operation of motor vehicle waiver cases. See §9.12, supra; Bowman v. State, 763 S.W.2d 161 (Mo. App. W.D. 1988); Woods v. Kelley, 948 S.W.2d 634 (Mo. App. W.D. 1997).

A public entity has...