A jury in Tulsa recently found the city negligent in not protecting a motorist from the hazard a work zone presented to her.

Mary Thomas was driving on a four-lane, downtown street in the city of Tulsa at 10:30 on the night of December 30, 1981 when she struck barricades which had been placed around an open manhole in the street. After striking the barricades, her car went out of control and hit a nearby sign pole, causing the injuries sustained in the collision.

City public works personnel had placed five barricades, with flashers, around the open manhole. The furthest barricade was 75 feet from the manhole. No warning signs were present at the site.

Evidence at the trial showed that the barricades had been knocked down several times prior to Ms. Thomas’ hitting them. They had been last put up, just before this accident, by a city policeman who put three barricades around the manhole itself. He did this five hours before Ms. Thomas had her accident.

Further testimony at the trial showed that the Manual on Uniform Traffic Control Devices (MUTCD) requires that barricades used for purposes such as those involved in this accident should be tapered and extend for 160 feet, at least, away from the work site. The MUTCD also calls for the use of warning signs in addition to the barricades.

The jury found the city was negligent in protecting this work zone, but also found that Ms. Thomas was 40% negligent and adjusted the award of $60,000 appropriately.