Q: Strategy to sue a municipality for gross negligence. GA Magistrate Court
A 4 lane road is barricaded with jersey walls 40ft after an intersection. There are no impact arrestors, signs, road markings, etc. to warn of a road closure. The barricades/ road closure is non compliant with MUTCD. Additionally, the municipality's code prohibits the depositing of anything on any street that may cause injury to animals, people or property. The road has been like this for 15 years, over which time there have been multiple accidents. Do you assert that the barricades are something that were deposited illegally in the street, because they can't be a road closure because the lack of signage, improper barricade, etc., hence that they are nothing more than a dangerous object... Or do you you sue them for failing to enforce compliance with MUTCD... BTW the municipality claims they are not responsible because they don't own the road... The road, however, has been open to, used by and enjoyed by the public for 15 years or more, has a gas station and Commuter bus stop on it.
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