Stotler v. Dept. of Transportation

Summary

Justice Eveleigh dissented from affirmance of the Appellate Court's conclusion that the plaintiff's highway-design allegations fell outside the defective-highway statute and were barred by sovereign immunity. She would have held that the alleged steep downhill grade, inadequate warnings, and absence of truck safety features described an intrinsic roadway defect actionable under the statute. She also would have concluded that expert evidence created a genuine issue of material fact concerning sole proximate cause and defeated summary judgment. The dissent argues that the majority construed the design-defect exception too narrowly.