Commonwealth, Transportation Cabinet, Department of Highways v. Guffey

Opinion of the Court by

Justice CUNNINGHAM.

The issue before this Court is whether the Department of Highways owes a duty to the operator of an all-terrain vehicle (ATV) who is riding his ATV upon a public highway, even though persons are prohibited by statute from operating ATVs upon public roadways. The Court of Appeals held that the Department of Highways does owe such a duty, and this Court agrees.

On March 11, 2001, Jeremiah Guffey, age 19, was killed when he and the ATV he was operating struck a cable which had been placed across an old abandoned section of Highway 167 in Wayne County.…