Posted On:
February 11, 2009
State Found Liable for Roadway Upkeep
In a recent case against the Commonwealth of Kentucky, the Kentucky Court of Appeals affirmed the decision of the Board of Claims finding that the state had failed to maintain the roadways in a reasonably safe condition.
The opinion illustrates that, under Kentucky law, the state's roadways also include the shoulders and medians. In this case, the Board of Claims found that a tree was close enough to the road that it was considered part of the shoulder and that it was hidden and dangerous and, therefore, the Commonwealth had a duty to remove it.
