The plaintiffs were injured in a motorcycle accident while travelling through a road construction zone.
A flagger employed by the defendant paving contractor directed the plaintiff to cross an elevated lip of freshly laid asphalt.
The asphalt was unstable and had not sufficiently cooled, causing the motorcycle's rear tire to lose traction and the plaintiff to be thrown from the vehicle.
The court found the County liable under the Municipal Act, 2001 for failing to keep the road in a reasonable state of repair, and the contractor liable under the Occupiers' Liability Act for failing to ensure the premises were reasonably safe.
No contributory negligence was found against the plaintiff.
The defendants were held jointly and severally liable for the agreed damages of $325,000.
