Banks v. City of Kansas City

In Banks v. City of Kansas City, 862 S.W.2d 485 (Mo. App. 1993), the issue was whether a poorly designed street illumination system was subject to the requirements of section 82.210. The Court of appeals held that the lighting system fell "within 'those publicly maintained exterior improvements designed to facilitate travel . . .'" and, therefore, was subject to the statute. 862 S.W.2d at 488. The court in Banks determined that street lights were subject to the notice statute as a "defect in the condition of any bridge, boulevard, street, sidewalk or thoroughfare . . . ." 862 S.W.2d at 488; section 82.210. No transfer application was filed with this Court in Banks after the court of appeals decision. Banks should not be read to expand the list of properties to which the notice statute applies. To the extent that there is language inconsistent with this principle in Banks, it should not be followed. Banks quite sensibly can be confined to its conclusion that an allegation of a dark and dangerous crosswalk encompasses a defect in the condition of a street and is, thus, within the meaning of section 82.210. 862 S.W.2d at 488.