Diana Glazer, the Surviving Spouse of Michael Glazer, Deceased, on H — Bales, J., Concurring in Part and Dissenting…

Summary

Bales, C.J., would have held that the statutory affirmative defense did not apply because the injuries resulted from dramatically changed highway conditions rather than a dangerous condition inherent in the original construction plan. He nevertheless concurred in affirming the trial court because, even if the statute applied, the State failed to prove that it had provided reasonably adequate warnings. The jury's findings that the highway was unreasonably dangerous and that the State's negligence caused the injuries were therefore sufficient to sustain the judgment.