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BROWN v. WHITAKER CONTRACTING CORP.5/3/1996
ruction project was certified as complete in May 1993.
Whitaker was aware of the "low and unsafe shoulders" in the project area because David Reed, one of its employees, wrote a letter dated February 3, 1992, to Richard Spraggins, the Blount County engineer, which stated in pertinent part:
"During a recent safety inspection of the above referenced projects, low and unsafe shoulders were observed. [Whitaker] understands that the Blount County Commission will build the shoulders to a safe standard. Please advise Whitaker when Blount County will address the correction of this problem and also please forward [to Whitaker] documentation which would excuse our firm of exposure might an accident occur due to the low shoulder conditions on these projects."
Brown stated that he had travelled the road where the accident occurred several times because it was a standard business route. Brown testified that he was aware that the surface of the road had been repaved in the several months preceding the accident, but that he did not expect the shoulder to be as low as it was.
Brown testified that although he remembers seeing a sign that said "Road Construction next 4.1 miles," located about three and one-half miles from the scene of the accident, he does not recall seeing any sign which warned of "low shoulder."
Charles Barrett, a vice-president at Whitaker, testified in his deposition that a sign indicating "Road Construction next __________ miles" and a sign warning of "low shoulder" were placed on County Road 25 in November 1991, at each end of the construction area, and that these signs were not removed prior to the May 1, 1992, accident. Barrett also testified that Whitaker placed the signs warning of "low shoulder" and that because Blount County did not request a sign warning of "low shoulder," he did not know if Blount County would have made a notation in the county's records of the sign warning of "low shoulder."
Spraggins testified in his deposition that during the construction, county employees conducted daily inspections of traffic control devices, including signs, and completed a report of these inspections during the construction period. Spraggins indicated that while the inspection reports indicated there was a sign indicating "Road Construction next __________ miles," the inspection reports did not note the existence of a sign warning of "low shoulder" during the construction period. Spraggins also indicated that the project diary would generally indicate if a "low shoulder" sign was placed at the construction site, but he did not know if there was such a notation in the project diary. Spraggins testified that he did not know if a "low shoulder" sign was in place on the date of the accident.
Dr. Stephen Richards, the plaintiffs' expert witness, testified that, in his opinion, a dangerous condition existed on County Road 25 at the time of the accident. Dr. Richards stated that the "dangerous condition" was a significant edge drop-off without proper warning devices and/or other protective treatments and that this condition had existed for an unreasonable length of time.
Dr. Richards stated that even assuming that there was a sign in place warning of the "low shoulder" where the sign indicating "Road Construction next 4.1 miles" was located, he would recommend that signs warning of the "low shoulder" be placed every mile to remind the motorists of the danger. Dr. Richards also testified that because Whitaker was obligated under its contract to follow the guidelines of the MUTCD, Whitaker would be obligated to leave the signs warning of the "low shoulder" in place as long as the dangerous condition existed.
Page 1 2 3 4 Alabama Personal Injury Attorneys
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