David Giannoni v. Commissioner of Transportation.

Summary

The court affirmed the denial of the Commissioner's motion to dismiss, holding that the record could support a highway-defect claim under the state highway defect statute. A jury could find that the injured bicyclist remained a traveler on the state highway when he moved onto the sidewalk and that the culvert was in an area the state reasonably should have expected travelers to traverse. Justice Espinosa, dissenting, would have held that the bicyclist left the state highway and that the culvert was not an actionable highway defect.