Tolliver v. Department of Transportation

[¶ 53] I agree that MDOT is not entitled to discretionary function immunity and concur in Part A of the Court’s opinion, but disagree that the court erred in admitting the expert testimony of Laurent Lavigne, and I therefore respectfully dissent with respect to Part B. I would affirm the jury verdict in favor of Tolliver. Because the issue of Lavigne’s testimony ultimately turns on weight rather than admissibility, a distinction the majority fails to make, I would affirm the court’s admission of his testimony that the lack of an edge line was a substantial cause of the accident.

A. Lavigne’s…