Hall v. Dotter

I agree with the majority opinion that there was evidence in the summary judgment record that some of the engineering decisions concerning warning signs were not dictated by the Department of Transportation Manual. For that reason only, I agree that it was error to allow the state’s motion for summary judgment. I write separately to emphasize that, were it not for the factual questions about whether the Manual apphed here and whether it was followed, the state would be entitled to prevail on its discretionary immunity defense.

Although plaintiff argues otherwise, ODOT’s promulgation of the…