The condition was not created by the plaintiffs who took reasonable steps to block off the work area. The condition was open and obvious so anyone walking near a construction site at night (in the rain) should have exercised a higher degree of care in looking out for problems. Since the negligent hit and run motorist obviously did this after working hours, the plaintiffs had no actual or constructive notice of a problem nor did they have any opportunity to correct it. The $1.2M settlement is a gift. Considering the extent of the injuries, it was a decent settlement for the plaintiffs to make.
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The condition was not created by the plaintiffs who took reasonable steps to block off the work area. The condition was open and obvious so anyone walking near a construction site at night (in the rain) should have exercised a higher degree of care in looking out for problems. Since the negligent hit and run motorist obviously did this after working hours, the plaintiffs had no actual or constructive notice of a problem nor did they have any opportunity to correct it. The $1.2M settlement is a gift. Considering the extent of the injuries, it was a decent settlement for the plaintiffs to make.