Guidelines for Drafting Liability Neutral Transportation Engineering Documents and Communication Strategies (2020) / Chapter Skim
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4 NCHRP LRD 83 dertake but has not yet implemented. The following paragraphs describe litigation involving DOTs that have been found legally responsible for incidents based in part on language contained in their internal publications.
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NCHRP LRD 83 5 along the highway was to provide safety to the traveling public and that since the KDOT had undertaken the job of installing fences along the highway, it had a duty to repair it promptly. The court also noted that farmers relied on the state fences rather than installing private fences alongside the fencing owned by the state.13 The court reversed the Court of Appeals and upheld the district court jury verdict which had found KDOT to be 35 percent at fault in the accident.
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6 NCHRP LRD 83 the community and the board member later resigned. The agency was exposed to potential damage to its public image as well as potential civil rights claims as a result of these statements.
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NCHRP LRD 83 7 Appeals overturned the decision in part and the case was appealed to the Supreme Court of Ohio. In its discussion of the case, the Supreme Court of Ohio observed that ODOT's decision to improve a particular part of the intersection and its decision regarding what type of improvement was appropriate were within the agency's discretionary judgment and the agency was immune from liability on those counts.
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