Bacon v. Department of State Highways

Plaintiff, James Bacon, appeals as of right the lower court’s July 21, 1980, order limiting plaintiffs recovery to $129,940.

On December 2, 1972, Edward Woodley, an employee of Dacon Trucking Company, was driving a tractor-trailer north on 1-75. After experiencing engine trouble, Woodley parked his rig in a lane which had been recently opened to traffic by the defendant highway department. Woodley did not realize he was parked in the traffic lane and believed he was parked on the highway’s shoulder or in a service lane. Woodley activated his flashers but did not light flares or employ any…