Blaser v. County of Madison
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Appellees brought this negligence action in the district court against Appellant, the County of Madison, under the Political Subdivisions Tort Claims Act after two of Appellees were injured in a single-vehicle accident after they drove into a washout on a vacated county road. Appellees claimed the County should have maintained a "Road Closed" warning sign at the entrance to the road. The district court found the County liable for negligence. The Supreme Court reversed, holding that the district court erred when it based its negligence determination in favor of Appellees on its erroneous determination that the County breached its duty to maintain the road, as the central issue in this case was whether the County had met its obligations relative to the warning sign it had chosen to erect. Remanded with directions to find whether the County had actual or constructive notice that its warning sign was down on the date of the accident and whether the County had reasonable time to correct the problem.
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