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Tag Archives: DOT

Tort/Negligence – STCA – Duty – DOT – Warning Signs – No Trigger Event (access required)

Turner v. North Carolina Department of Transportation Before the Department of Transportation places warning signs on a road, the DOT must conduct an engineering study; before the DOT conducts an engineering study, there must be a triggering event, such as a pattern of accidents or a single severe accident. Since there was no triggering event on SR 1422 before plaintiffs’ decedents drove past the end of the road, over a rock barrier and into Roanoke Rapids Lake, the DOT did not owe plaintiffs a duty to place warning signs on SR 1422.

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Tort/Negligence – STCA — Duty – DOT – Warning Signs – No Trigger Event (access required)

Turner v. North Carolina Department of Transportation Before the Department of Transportation places warning signs on a road, the DOT must conduct an engineering study; before the DOT conducts an engineering study, there must be a triggering event, such as a pattern of accidents or a single severe accident. Since there was no triggering event on SR 1422 before plaintiffs’ decedents drove past the end of the road, over a rock barrier and into Roanoke Rapids Lake, the DOT did not owe plaintiffs a duty to place warning signs on SR 1422.

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Tort/Negligence – Wrongful Death – STCA – Public Duty Doctrine – Inapplicable – DOT – Eroded Highway (access required)

Ray v. N.C. Department of Transportation Where the decision to maintain the state’s roads in a safe condition is a duty of the defendant Department of Transportation and is not discretionary, and where no external injurious force is involved in this case, the public duty doctrine does not apply.

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