The plaintiff was catastrophically injured in a single motor vehicle collision when the vehicle, driven by the defendant driver, lost control after traversing a dip in a rural road.
The plaintiff sued the driver and the municipality, alleging the road was in a state of non-repair.
The plaintiff and the driver entered into a Mary Carter agreement and jointly pursued the municipality for liability.
The court found that the dip in the road did not constitute a state of non-repair, as it did not pose an unreasonable risk to an ordinary reasonable driver.
The court concluded the collision was caused by the driver's excessive speed and distraction from opening a beverage bottle.
The action against the municipality was dismissed.
