Patterson v. Cowley County, Kansas

Plaintiffs were the heirs of two individuals who were killed in a single-vehicle accident. Plaintiffs brought this wrongful death action against Cowley County, Bolton Township, and the Kansas Department of Wildlife, Parks and Tourism for failure to provide adequate warnings, signs or barriers on portions of the road where the accident occurred. The district court granted partial summary judgment to the County and full summary judgment to the Township and the Kansas Department of Wildlife. The Supreme Court affirmed in part and reversed in part, holding (1) the County did not have a duty to initiate an engineering study; (2) the County is immune from liability under the discretionary judgment exception of the Kansas Tort Claims Act (KTCA) but not immune from liability under the recreational exception of the KTCA for any failure to place an advisory speed plaque or warnings sings on its portion of 322nd Road; (3) the Township had no duty to place traffic control devices or other warning signs on its portion of 322nd Road; and (4) the KTCA exception for failing to inspect the property of another does not apply to the facts presented in this case. View "Patterson v. Cowley County, Kansas" on Justia Law