Board of Claims: KY. TRANSPORTATION CAB. V. GUFFEY (COA; 5/19/2006)

KY. TRANSPORTATION CAB. V. GUFFEY
BOARD OF CLAIMS: Contributory negligence not applicable to claims against highway department
2004-CA-002051
PUBLISHED
AFFIRMING;  JOHNSON W/GUIDUGLI DISSENTING AND POTTER CONCURRING IN RESULT ONLY
DATE:  5/19/2006

In this board of claims action, the COA held that contributory negligence of the decedent in operating an ATV illegally on the highway was not a bar to the claim of the estate and applied the comparative negligence standard to his conduct.  Furthermore, motorist was killed by a wire hanging across the road, and the highway department owed duty to motorist to keep highway in reasonably safe condition for travel, to provide proper safeguards, and to give adequate warning of dangerous conditions in highway, so as to render cabinet liable for motorist’s death due to collision with suspended cable across highway.