holding that various ALDOT engineers and inspectors sued for negligently allowing a dangerous drop-off to exist on the shoulder of a road were entitled to discretionary-function immunity under Grant
How later courts described this case
- holding that various ALDOT engineers and inspectors sued for negligently allowing a dangerous drop-off to exist on the shoulder of a road were entitled to discretionary-function immunity under Grant
- State Department of Transportation employees were entitled to discretionary-function immunity in an action in which the plaintiff alleged that the resurfacing of a public roadway had caused a dangerous drop-off to exist and the Department’s employees had failed to post signs warning of the condition
- estate of person killed as a result of defectively maintained road shoulder could not sue employees of Department of Transportation
Written by the judges who cited it.
The opinion
In Taylor v. Shoemaker , 605 So.2d 828 (Ala. 1992), a case relied on by the defendants, I dissented and asked: "Where is the discretion?" 605 So.2d at 834-35 . In today's case, I easily recognize the discretion.