ALASKA'S IMMUNITY UPHELD - NO DUST CONTROL PROCEDURES
The Alaska Supreme Court denied an appeal and affirmed a lower court decision which favored the State, asserting that an executive decision not to maintain a dust control procedure on the Dalton Highway was a discretionary act immune from tort. The maintenance of the Dalton Highway and the suit brought against the State claiming it negligently failed to control dust on the highway are discussed. The State argued that its decision to forego a dust abatement plan was a discretionary function born of budgetary necessity. The high court Justice quoted a 1972 case in which, "under the planning-operational test, decisions that rise to the level of planning or policy formulation will be considered discretionary acts immune from tort liability."
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Availability:
- Find a library where document is available. Order URL: http://worldcat.org/issn/0884612X
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Corporate Authors:
TranSafety, Incorporated
8136 Old Keene Mill Road, Suite B-101
Springfield, VA United States 22152 - Publication Date: 1986-7
Media Info
- Pagination: p. 1-2
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Serial:
- TRANSAFETY REPORTER
- Volume: 4
- Issue Number: 7
- Publisher: TranSafety, Incorporated
- ISSN: 0884-612X
Subject/Index Terms
- TRT Terms: Courts; Dust control; Highway maintenance; Legal immunity; Tort liability
- Old TRIS Terms: Discretionary powers
- Subject Areas: Highways; Law; Maintenance and Preservation; Operations and Traffic Management; Safety and Human Factors; I73: Traffic Control;
Filing Info
- Accession Number: 00459183
- Record Type: Publication
- Files: TRIS
- Created Date: Oct 31 1986 12:00AM