Kolitch v. Lindedahl

As a general proposition, I agree with the Court that “it cannot be a tort [for the Department of Transportation (DOT or State) ] to communicate accurately a properly established speed limit.” Ante at 494. This proposition, however, is not inconsistent with a theory of liability proposed by plaintiffs in this litigation. Plaintiffs’ evidence suggests the existence of a dangerous condition involving a posted sign that did not accurately communicate the lawful speed limit applicable to the stretch of road in question. Plaintiffs also offer to prove the inapplicability of any immunities that…