Ducey v. Argo Sales Co.

CLARK, J., Concurring and Dissenting.

It is obvious to anyone driving our streets, roads and freeways that absent an impenetrable barrier against oncoming traffic, constant risk exists that another vehicle will cross the median line by reason of mechanical defect or careless driving. Designing and building freeways, roads and streets, governmental agencies can, should and do take precautions against risk of injury caused both by negligently built or maintained vehicles and by speeding, drunk and other negligent drivers: However, failure of government to take precautions against such vehicles…