Negligent Highway Design

Confidential settlement on behalf of a couple who suffered severe traumatic injuries following a collision with a telephone pole. The case alleged a negligent highway design, negligent utility placement, as well as negligent maintenance of the highway. The case involved the negligent maintenance and failure to safely place and remove a utility pole following numerous accidents at the site. The original placement violated State Highway Standards due to the proximity to a dangerous curve. Plaintiffs were seriously injured when the car hydroplaned into the pole.

Joseph Lyon represented a Kentucky couple who suffered severe injuries after sliding off a rural highway and striking a pole that was located six feet from the road. The pole had been struck by three other cars in the past five years and violated highway design standards that required “safe recovery zones.” After litigation began, the pole was removed, yet the company continued to argue that it did not control the placement of the pole, attempting to invoke an agency of estoppel defense. The case was resolved for a confidential amount. Many other cases such as this happen every day, and the utility companies take very little action to address these roadside hazards.