Zaske Ex Rel. Bratsch v. Lee

OPINION

STONEBURNER, Judge.

Appellant county challenges the district court’s denial of its motion for summary judgment in which the county argued that statutory and vicarious official immunity protect it from liability for an accident allegedly caused by its failure to replace a stop sign that was knocked down four days before the accident. Because the evidence does not present a genuine issue of material fact about whether appellant had actual notice of the missing sign and because constructive notice constitutes a challenge to the county’s discretionary conduct, we reverse.

FACTS

On…