Jones v. State ex rel. Department of Transportation & Development

COVINGTON, Chief Judge.

The defendant, the Department of Transportation and Development (DOTD), ap*447peals the judgment apportioning fifty percent of the fault for a single-vehicle accident to it and awarding plaintiff fifty percent of $53,317.02, with interest, in damages. Plaintiff has answered the appeal, requesting an increase in damages and asking that DOTD’s apportionment of fault be increased to 100 percent. Because we find that the trial court misconstrued the legal duty of DOTD in this instance and incorrectly assessed plaintiff’s fault, we reverse.

The accident occurred on October 23,…