The law office of Vincent Valentino recently wrapped up one of its oldest cases involving litigation that spanned almost six years. The case, Blaser and McCaw v. County of Madison, Nebraska, resulted in some appellate precedent that the firm believes will apply favorably to NIRMA members in future roads-related claims. The Blaser case involved the parameters of a county’s legal duties once it has vacated a roadway, but retained a right-of-way, and the application of sovereign immunity under certain exemptions in the Political Subdivisions Tort Claims Act (PSTCA).
And the day before our Blaser case was argued in the Nebraska Supreme Court, the appeal of another case involving county road liability issues was heard. The opinion issued by the Nebraska Supreme Court in that case, Hall v. Lancaster County, contains some language that should serve as a wake-up call to county road departments concerning sign inspection programs and the Manual on Uniform Traffic Control Devices (MUTCD) compliance.