Friday, October 10, 2014

Davison v. Snohomish County case brief summary

Davison v. Snohomish County case brief summary

F: The Ps were driving across a bridge and lost control. Their car skidded, broke through a railing, and fell to the ground. The Ps sued for their injuries, alleging that the county was negligent in not installing railings strong enough to keep a car from breaking through. The Ds alleged contributory negligence and denied its own negligence. TC ruled in favor of the Ps. The D first moved for judgment notwithstanding the verdict and was denied. Then the D appealed. 
R: county is not neg. for failing to build safety railing where the construction of such railing would create an undue burden on the county and prevent construction of other roads.

it’s extra hard to make sturdy railings on elevated causeways or viaducts. It is not reasonable to subject communities to liability for non-ideal safety precautions. 


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