addressing plaintiff’s argument that the defendant “was negligent in failing to [fix the dangerous condition] within a reasonable time after the decision to do so was made”
How later courts described this case
- addressing plaintiff’s argument that the defendant “was negligent in failing to [fix the dangerous condition] within a reasonable time after the decision to do so was made”
Written by the judges who cited it.
The opinion
Judge Phillips
dissenting.
In my opinion the decisive point in the case is that in December, 1982 the City determined that the intersection was unsafe, but had not made the correction authorized eighteen months later when plaintiffs intestate was killed. Having made the determination the excuse of discretion is irrelevant. The question properly posed by the record is whether between the determination that additional signals were necessary and the accident more than a reasonable time went by without the improvement being made. In my opinion the question is one of fact that should have been submitted to the jury.