Nature of the Case
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Facts
Rutherford and three co-workers took TWE flight 7145 from Memphis, Tennessee to Sioux City, Iowa with a change of planes at Lambert International Airport. Lake was the sole flight attendant on this flight. Prior to departure from Memphis, Rutherford had at least two drinks containing alcohol. During a ground delay in Memphis, and for the duration of the Memphis to St. Louis flight, Rutherford consumed six more alcoholic drinks. The flight arrived in St. Louis and Rutherford deplaned onto the tarmac with the other passengers. While on the way to the terminal, Rutherford passed under a yellow rope and climbed onto a luggage tug that was idling on the tarmac. Callier, a gate agent, radioed his supervisor and requested airport security. The supervisor contacted airport security at 4:23 p.m. Upon learning of the dispatch to airport security, Rutherford slid off the tug and entered the terminal without further incident. At 4:33 p.m. Callier's supervisor contacted airport security and informed them that their help was no longer needed. Rutherford made his way toward the gate for connecting flight and stole an electric golf cart and began driving around the gate area. Callier, who at this point had returned to the terminal to begin boarding passengers on another outbound flight, chased Rutherford on foot in an effort to stop him or to maintain sight of him until security could be summoned. Callier eventually cornered Rutherford in an alcove and informed Rutherford's co-workers that Rutherford was going to jail. Callier was unable to locate Rutherford in the alcove. Rutherford's friend and co-worker, Traylor found him in a room identified as Room D-231. D-231 was a cleaning room, which had been left unlocked by a piece of heavy paper between the door and the door frame. Inside room D-231 a small door of 18 square inches, which opened to a trash chute leading to a trash compactor some ten feet below on the tarmac. The trash compactor was equipped with a photoelectric eye. Whenever something was dumped into the compactor, and the eye's beam was blocked for more than 8 seconds, the compactor would begin to operate. Traylor assisted Rutherford to climb into the trash chute. Rutherford climbed too far and fell into the trash compactor ten feet below, injuring himself in the fall. At 4:51 p.m. Traylor informed everyone that Rutherford had fallen into the trash compactor. At 4:52 p.m. Lake, who had remained in the room observing Rutherford, heard the motor of the trash compactor start. While Callier and emergency personnel searched for a deactivation switch, Rutherford was compacted by the machine at 4:52 p.m. At 4:56 p.m. emergency personnel located the cut-off switch for the trash compactor and turned off the machine. Rutherford was then removed from the compactor and transported to a nearby hospital where he was pronounced dead on arrival. P filed a wrongful death action against TWE, the City of St. Louis, and others. P claimed TWE acted negligently by chasing Rutherford through the concourse after he commandeered the golf cart and, once he was discovered in the trash compactor, failing to take necessary steps to ensure Rutherford's safety. The appellant claimed the City acted negligently by failing to have an emergency deactivation switch in room D-231 and by failing to have warning signs posted explaining the narrow door of the trash chute led to a trash compactor. The trial court granted Ds summary judgment. P appealed.
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