Felicitas Oldaker v. Harold C. Peters

This is an action for wrongful death. The survivors of decedent Larry Oldaker appeal from the summary judgment entered for defendant Missouri Highway and Transportation Commission (Highway Commission) and the judgment following a verdict in favor of defendant Julia Reidlinger. The seminal issue is whether Wilkes v. Missouri Highway and Transportation Commission, 762 S.W.2d 27 (Mo. banc December 13, 1988, rehg denied January 17, 1989), which applied the provisions for waiver of sovereign immunity contained in § 537.600, RSMo 1986, retrospectively to plaintiff there, is retroactive as to other cases in which the point has been preserved. Stated otherwise, should the holding of Wilkes control this case in which summary judgment was entered before Wilkes was decided, and will plaintiffs be allowed the benefit of that ruling liberalizing the waiver provisions for claims against the Highway Commission. Transfer was granted from the Missouri Court of Appeals, Western District, which, affirming the trial court, held that Wilkes should not apply in the case at bar. We affirm in part, and reverse in part and remand.