Better Roads Digital Magazine
Issue link: https://read.dmtmag.com/i/85910
InCourt Uneven Lanes Contractor's failure to warn by requesting additional safety signs results in liability n a recent Missouri case, a motorcyclist sued the Missouri Highway and Transportation Commission (MHTC) and a highway contractor for a crash that occurred in a construction zone. The motorcyclist was driving at 70 miles per hour (mph) while passing a tractor-trailer when he lost control and crashed due to uneven pavement between two lanes. The motorcyclist suffered significant injuries, and sued for failure to warn of the uneven lanes. In Harlan v. APAC-Missouri, Inc. (Dec. 13, 2011), the Missouri Court of Appeals ruled the issue of whether the highway contractor, APAC-Missouri, Inc. (APAC), knew or had reason to know that a 1¾-inch lane height difference it created was dangerous, and whether signs warning of that condition should have been used, was properly decided by the jury. MHTC contracted with APAC to resurface the highway. On July 26, 2006, a motorcyclist, David Harlan, was driv- ing eastbound on Interstate 70 highway through a con- struction zone created by APAC. As he drove through the inactive construction zone at the posted speed of 70 mph, Harlan moved into the passing lane to pass a tractor-trailer traveling at 55 mph. After passing the truck, Harlan lost control of his motorcycle attempting to return to the driving lane, due to uneven pavement I 35a February 2012 Better Roads be- tween the two lanes. Harlan crashed and sustained significant injuries. As a result, Harlan sued MHTC and APAC. At trial, the failure to warn claim was the only one against APAC. The jury assessed Harlan's total amount damages to be $1 million. Following the trial, the jury returned a verdict finding MHTC to be 70 percent at fault, APAC to be 25 percent at fault, and Harlan to be 5 percent at fault. Therefore, the trial court entered judgment against MHTC for $700,000 and against APAC for $250,000. APAC appealed. APAC argued the evidence established it followed the traffic control pattern established by MHTC, and it did not know the uneven pavement was a dangerous condi- tion that was likely to cause injury. Under Missouri law, Better Roads February 2012 35 By: Mike Anderson