Commonwealth Department of Highways v. General & Excess Insurance Co.

The majority opinion does not prescribe any proper standard of care by which the negligence of the Department of Highways in the maintenance of highways may be determined, and it holds the Department to a higher standard of care than would be required of an individual under the same circumstances. See KRS 44.120. Inasmuch as the right to recover for the negligence of the Department or its employees ■exists because of the waiver of governmental immunity, it is felt that such right of recovery should be limited strictly.

The Department of Highways is charged with maintaining approximately 20,000…