The plaintiff suffered catastrophic injuries in a head-on motor vehicle collision on an icy municipal road.
The plaintiff sued the municipalities responsible for winter road maintenance.
The court found that the municipal snow plough operator created the icy conditions by applying a sand/salt mixture that caused a re-freeze, and then failed to return within a reasonable time to treat the resulting ice.
The court held that the Minimum Maintenance Standards did not shield the municipalities because the standards do not cover situations where the municipality creates the hazard.
The municipalities were found fully liable for the agreed damages of $1,912,176.96, with no contributory negligence on the part of the plaintiff.
