Condition was open/obvious and the county had no notice of it being a hazard. No liability for her damages. Proximate cause: her husband’s negligence in failing to keep his cycle under control, possible excessive speed, and failure to properly look out for hazards. He was 39 years old, it was 11:25pm, and he was familiar with the area.
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I agree! what a total waste of docket space.
Condition was open/obvious and the county had no notice of it being a hazard. No liability for her damages. Proximate cause: her husband’s negligence in failing to keep his cycle under control, possible excessive speed, and failure to properly look out for hazards. He was 39 years old, it was 11:25pm, and he was familiar with the area.