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May, 1998 Articles
May 1, 1998Texas DOT Liable for Motorist's Death Caused by "Special Defect" in Roadway
May 1, 1998
May 1, 1998
A steep drop-off between the traffic lane and the road shoulder caused a crash in
which a motorist died. The motorist's mother sued the Texas Department of Public
Highways and Public Transportation (DOT). The jury found that the DOT had no
knowledge of the defect and decided in their favor. The Court of Appeals of Texas,
Beaumont reversed the trial court's decision. The appeals court held that the drop-off
was a "special defect" and that the DOT should have known of the condition.
Nebraska County Not Liable for Injuries Due to Culvert Washout
A family suffered injuries when their truck fell into a hole created during a rainstorm that
washed away the soil surrounding a recently installed culvert. They sued Boone
County (County), claiming that culverts in the area were inadequate to drain water
accumulated during a storm of reasonably expected severity. The District Court, Boone
County, entered a judgment in favor of the County. The Supreme Court of Nebraska,
finding no evidence that the County breached its duty to construct and maintain
highways and bridges in a reasonably safe condition, affirmed the trial court's decision.
A woman injured in a collision at an intersection where a tree obscured the cross-traffic
stop sign sued the other driver for negligence. The defendant named the city as a
nonparty, claiming the city's negligence in allowing the tree to remain in front of the
sign caused the crash. When the trial court found for the defendant, the injured woman
filed four issues for review by the Court of Appeals of Indiana. The appeals court
affirmed the lower court's decision, finding (1) the city work order offered by the
defendant was admissible in supporting his nonparty defense, (2) the verdict forms and
instructions submitted to the trial jury were proper, (3) the jury's decision that the city
had constructive notice of a dangerous condition was appropriate, and (4) testimony
about the work order was admissible to show the city had notice of the dangerous
condition.
Study Reports on the Effectiveness of Photo-Radar and Speed Display Boards
Speeding remains a major safety concern on the nation's roadways. To combat the
speeding problem, law enforcement has enlisted the help of "two of the most
technologically sophisticated forms of . . . automated speed control"--photo-radar and
speed display boards. Photo-radar detects speeding, takes photographs of speeding
vehicles, and issues their drivers citations by mail. Speed display boards flash drivers
their speeds next to the posted speed limit sign. This article describes a California
study comparing the costs of photo-radar and speed display boards and their
effectiveness in reducing vehicle speeds. It is a summary of "A Comparative Study of
the Speed Reduction Effects of Photo-Radar and Speed Display Boards," a paper
prepared by Steven A. Bloch for the January 1998 meeting of the Transportation
Research Board.
negligence, appeals, highway, traffic, expert.
Edge drop, accident, collision, crash, edgedropoff, road construction, signs, signals, traffic control devices.
Accident Investigation, Expert Witness, Injury Litigation, Liability, Court, Roy Anderson, Transportation, National, Travel, law, legal, federal highways, road construction.