Moxness v. City of Newport

The city of Newport (city) seeks indemnity from state for liability which it incurred when a state road sign fell and injured plaintiff. At issue is whether city was acting as state’s agent when it re-erected the sign shortly before the accident. We affirm the summary judgment requiring state to indemnify city.

The sign, which marked the entrance to a parking lot for the Motor Vehicles Division and State Police offices in Newport, fell and struck plaintiff while she was jogging on the roadway near the sign. She filed complaints alleging claims against city and state. Both defendants filed…