The plaintiff pedestrian was struck by a left-turning pickup truck while crossing an intersection at night.
The plaintiff suffered a severe traumatic brain injury.
The plaintiff sued the driver, the municipality, and the municipality's electrical contractor, alleging the intersection was in a state of non-repair due to missing streetlights on the median.
The court found the driver 100% liable for failing to ensure the turn could be made safely.
The claims against the municipality and contractor were dismissed, as the intersection had sufficient illumination from other sources and was deemed in a state of repair under the Minimum Maintenance Standards.
Damages of approximately $2 million were awarded against the driver.
