By The Law Offices of John Day, P.C. on Sep 18, 2024 06:10 am
Summary judgment based on immunity under the GTLA was reversed where plaintiff was injured when he had a car accident due a road washout. In Roberts v. Carter, No. W2023-01316-COA-R3-CV (Tenn. Ct. App. Sept. 4, 2023), plaintiff was driving during rain when he had an accident caused by a washed out road. The speed limited for this road was 45 miles per hour, but plaintiff had slowed to 25 miles per hour before the accident. Although the area had sustained heavy rains, plaintiff left his home while it was not raining, but the rain resumed while he was driving. His visibility was thus reduced. Three weeks before this accident, a county employee noted the presence of erosion at the outlet end of the culvert on this road. The county corrected this problem by “laying down riprap stone on the outlet end.” Plaintiff’s accident occurred at the opposite inlet end of this same culvert. Continue reading
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