Commonwealth, Department of Highways v. Brown

BIRD, Chief Justice.

This action originated in the Board of Claims and arose out of an accident caused solely by the icy condition of a curve on a highway maintained by the Commonwealth of Kentucky.

Mavis Brown was awarded damages for her personal injury by the Board of Claims. The circuit court upheld the award on appeal and the Commonwealth has appealed to this Court.

There is no dispute concerning the facts. The road except for the curve was clear. The Commonwealth had been fully aware of the icy condition of the curve for at least thirty-six hours before the accident. The Commonwealth in no…