IRAC - Torts
To: Judge Wannabe
From: Suzi Homemaker
Re: Jim Peters Negligence Lawsuit
Date: September 22, 2014
SUMMARY OF FACTS
Melissa Gilbert of Gravel is Us of Cleveland Ohio, has a contract with the State of Ohio do road repairs on I-90. Gravel is Us closed down the road and commenced dynamiting procedures. The company posts a guard and one sign on the highway to make sure that no cars enter the area. The guard fell asleep on the job; Jim did not see the sign and drove into the dynamiting zone where he suffered severe injuries.
Jim has come to our firm for legal representation. Jim has two theories of Melissa's liability:
1) Melissa's negligence
2) Melissa's liability for the guard's negligence.
ISSUE
Are Melissa Gilbert and/or her company Gravel Is Us liable for Jim’s injuries due to her and her company’s negligence?
Are Melissa Gilbert and/or her company Gravel R Us liable for the employee’s negligence?
RULE
The Ohio Manual of Uniform Traffic Control Devices for Streets and Highways has been adopted as the State's official specifications for highway signs and markings pursuant to the mandate of Ohio Rev. Code Ann. § 4511.09. According to Ohio Rev. Code Ann. 5517.03 (2014) “Signs must be so placed and maintained as to conspicuously indicate the points at which it is necessary for traffic to leave the closed highway, and plainly mark the most direct and practicable route to be followed, indicating the road to be followed by the detoured traffic at all road crossings and forks.”
Section 7J-3 of the Manual deals with the placement of warning signs and states that:
A complete series of warning signs is generally required on both sides of the roadway for lane closures or other restrictions to traffic flow which may be encountered. The sign layout should provide the driver with specific information on the lane closed; for example, type of activity or event, speed controls, and special directions for passing around or through the work site. The reasonableness of all
From: Suzi Homemaker
Re: Jim Peters Negligence Lawsuit
Date: September 22, 2014
SUMMARY OF FACTS
Melissa Gilbert of Gravel is Us of Cleveland Ohio, has a contract with the State of Ohio do road repairs on I-90. Gravel is Us closed down the road and commenced dynamiting procedures. The company posts a guard and one sign on the highway to make sure that no cars enter the area. The guard fell asleep on the job; Jim did not see the sign and drove into the dynamiting zone where he suffered severe injuries.
Jim has come to our firm for legal representation. Jim has two theories of Melissa's liability:
1) Melissa's negligence
2) Melissa's liability for the guard's negligence.
ISSUE
Are Melissa Gilbert and/or her company Gravel Is Us liable for Jim’s injuries due to her and her company’s negligence?
Are Melissa Gilbert and/or her company Gravel R Us liable for the employee’s negligence?
RULE
The Ohio Manual of Uniform Traffic Control Devices for Streets and Highways has been adopted as the State's official specifications for highway signs and markings pursuant to the mandate of Ohio Rev. Code Ann. § 4511.09. According to Ohio Rev. Code Ann. 5517.03 (2014) “Signs must be so placed and maintained as to conspicuously indicate the points at which it is necessary for traffic to leave the closed highway, and plainly mark the most direct and practicable route to be followed, indicating the road to be followed by the detoured traffic at all road crossings and forks.”
Section 7J-3 of the Manual deals with the placement of warning signs and states that:
A complete series of warning signs is generally required on both sides of the roadway for lane closures or other restrictions to traffic flow which may be encountered. The sign layout should provide the driver with specific information on the lane closed; for example, type of activity or event, speed controls, and special directions for passing around or through the work site. The reasonableness of all