David Giannoni v. Commissioner of Transportation.

Summary

Justice Espinosa's dissent argues that the plaintiffs' highway-defect claim should have been dismissed on sovereign-immunity grounds. She would conclude that Nicholas ceased to be a traveler on the state highway when he voluntarily rode onto a municipal sidewalk, private driveway, and lawn, and that the culvert was not a highway defect because the state neither invited nor reasonably expected the public to use that area. Justice Espinosa, dissenting, would have reversed the trial court's denial of the motion to dismiss.