The plaintiff, a 16-year-old driver, was injured in a single-vehicle accident after failing to stop at a stop sign at a rural intersection and crashing into a concrete abutment.
The plaintiff had consumed alcohol prior to the crash.
The plaintiff sued the municipality, alleging the intersection was in a state of non-repair because it lacked warning signs for a change in road alignment (an 'offset' intersection).
The court found that the intersection posed a hidden hazard and required a warning sign in addition to the stop sign.
The court apportioned liability 50% to the municipality for failure to warn and 50% to the plaintiff for failing to stop and driving after consuming alcohol.
