Eli v. Board of County Commissioners

The opinion of the court was delivered by

McFarland, J.:

Plaintiff Henry Eli was injured in a one-vehicle accident on August 13, 1979, while operating his motorcycle. Plaintiff filed suit against defendant Board of County Commissioners contending the cause of the accident and his resultant injuries was a street defect in a road maintained by the defendant. The district court entered summary judgment in favor of defendant and plaintiff appeals therefrom.

The motorcycle in question had been acquired in a trade a few months earlier. It is undisputed that at the time of the accident plaintiff was…