Richardson v. State, Dept. of Roads

These actions, one for property damage and one for wrongful death, were brought under the State Tort Claims Act to recover damages resulting from a one-vehicle accident allegedly caused by the negligent maintenance of a state highway. The cases were consolidated for trial. The District Court, sitting without a jury, found that the paved portion of the highway was in proper condition and properly maintained; that the State had no duty to maintain the shoulder of the highway; and that the proximate cause of the accident was the negligence of the driver of the vehicle, and dismissed the actions.…