MICHIGAN SUPREME COURT FINDS DOT SUBJECT TO LIABILITY FOR DEFECTS IN DESIGN OF COUNTY HIGHWAY

The personal representative of a motorist killed when his vehicle crossed a highway center line and rolled down an embankment, won the right to another trial after the Supreme Court of Michigan reversed the decisions of the Court of Claims and the Court of Appeals. The suit was filed for negligence in construction and design on the part of the MDOT and that although the MDOT had returned jurisdiction back over to the county, MDOT was still liable. The question of jurisdiction, whether the Michigan Department of Transportation (MDOT) or the County, figured in the Supreme Court's decision. It was decided that since the MDOT had constructed the superelevation, it was still liable for the death because of failure in design or construction and the County was also liable in so far as it did not keep and maintain the redesigned and reconstructed highway in good repair. Killeen v. Dept. of Transportation 78625 (428 N.W.2d 233 Michi. 1989)

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/issn/0884612X
• Corporate Authors:

  TranSafety, Incorporated

  5811 Oak Leather Drive
  Burke, VA  United States  22015
• Publication Date: 1990-9

Media Info

• Pagination: p. 6
• Serial:
  • TRANSAFETY REPORTER
  • Volume: 8
  • Issue Number: 9
  • Publisher: TranSafety, Incorporated
  • ISSN: 0884-612X

Subject/Index Terms

• TRT Terms: Defects; Governments; Highway design; Liability; Negligence; Road construction; State departments of transportation; Superelevation; Tort liability
• Uncontrolled Terms: Jurisdiction
• Geographic Terms: Michigan
• Subject Areas: Design; Highways; Law; Planning and Forecasting; Security and Emergencies; I21: Planning of Transport Infrastructure;

Filing Info

• Accession Number: 00600392
• Record Type: Publication
• Files: TRIS
• Created Date: Oct 31 1990 12:00AM