Court reviews whether defendant City had notice of an unsafe road condition in an automobile accident case

JENNIFER BIVINS ET AL. v. CITY OF MURFREESBORO (Tenn. Ct. App. July 12, 2010)

Brandon Bivins died in an automobile accident on South Rutherford Boulevard in Murfreesboro. His mother sued the city, claiming that the road was unsafe or dangerous and that the city had notice of the condition of the road. The trial court held that the city did not have notice of an unsafe or dangerous condition at the spot of the accident. Because the city had notice of prior accidents along that segment of the road and had a consultant's report stating that the road did not meet design guidelines, we reverse the trial court and remand for a determination of whether the road was unsafe or dangerous.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/bivinsj_071210.pdf