Declining to adopt a novel theory of public-entity liability, the state Supreme Court held Wednesday that lack of a proactive road-repair program does not open a county to a suit on behalf of the victim of a fatal bicycling accident on a public thoroughfare.
“Even if we were to assume that the County had an inadequate inspection program, natural conditions — not a flawed inspection program — ‘created’ the depression on the shoulder of the roadway,” the unanimous Court said in Polzo v. County of Essex , A-74/75-10.
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