There is no way to tell whether the collision would have been avoided if the officer had abandoned the pursuit after initiating it. Thus, there is no factual basis to support a finding of proximate cause. Because causation is absent, plaintiffs failed to make a submissible case against Independence. Plaintiffs sued the city of Independence and police officer Leonard Hill for the wrongful death of Michael and Daniel Stanley. The circuit court granted defendants' motion for summary judgment.
Plaintiffs appeal only as to the city.
After opinion by the court of appeals, this Court granted transfer. Mo. Const. art. This Court reviews the record in the light most favorable to the party against whom summary judgment was entered. ITT Commercial Fin. Review is essentially de novo, as the propriety of summary judgment is an issue of law.