Finkbiner v. Clay County Kansas

The opinion of the court was delivered by

Lockett, J.:

Plaintiff drove his pickup truck over the end of a township road into a dry river bottom. He sued both the county and the township for injuries suffered, claiming they had failed to post proper warning signs. The district court granted summary judgment to the defendants after determining that under the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., they were immune from liability because the signing of a road was a discretionary function. K.S.A. 75-6104. The plaintiff appeals.

On February 5, 1982, plaintiff, Craig Finkbiner, was traveling…