MUNICIPAL LAW: Appellate Court Affirms Jury Finding That Storm Drain Is Not A Highway Defect

The Appellate Court concludes that the jury was not clearly erroneous in finding that a storm drain, while located in an area expected to be used by travelers, did not necessarily obstruct or hinder the use of the road.  The evidence showed that the drain was more than three feet from the paved portion of the road, that the majority of traffic was on the paved portion, that the drain was placed out of the direct line of the traffic and was placed there for the purpose of making the paved portion of the road safer by draining excess water.

Horrigan v. Town of Washington, AC 32364 (July 30, 2013)