David Giannoni v. Commissioner of Transportation. — Espinosa, J., Dissenting

Summary

Justice Espinosa dissented from the majority's conclusion that the plaintiffs' highway-defect claim could overcome sovereign immunity. She would have held that Nicholas was no longer a traveler on the state highway when he left it to ride along a municipal sidewalk, private driveway, and lawn, and that the culvert was not a highway defect because the state did not invite or reasonably expect public use of that area. She would have reversed the trial court's denial of the motion to dismiss.