Fritz v. Howard Township

SABERS, Justice.

[¶ 1.] Summary judgment was granted to Township in personal injury action brought by motorist injured on unmarked, unguarded, washed-out township road. The trial court ruled that 1) Township met its duty by posting a warning sign, and 2) unless Township had actual knowledge that the sign was missing, it owed no farther duty to the plaintiff. We reverse and remand for trial.

FACTS

[¶ 2.] Joanne Farke is the clerk for the Howard Township Board of Township Supervisors (Board) in Charles Mix County. On a Sunday afternoon in February of 1994, a township resident telephoned Farke at…