S-11-1048, Blaser, et al. (Appellees) v. County of Madison (Appellant)
Madison County, Judge Robert B. Ensz
Attorneys: Vincent Valentino (Appellant) --- Todd B. Vetter (Appellees) (Fitzgerald, Vetter & Temple)
Proceedings Below: The district court found the county liable for negligence, and awarded damages to the driver and passenger of a truck who crashed into a washout area on a vacated road.
Issues on Appeal: County of Madison argues the district court erred in (1) finding that the county had a duty to maintain a vacated road; (2) that if a duty existed, the county breached that duty; (3) failing to find that the county retained its sovereign immunity under § 13-910(9); (4) failing to address the county’s affirmative defenses of assumption of risk and alternate safe route; (5) if finding the County was somehow negligent, failing to properly apportion negligence between the driver, the passenger, and the county; and (6) allowing a recused judge to appoint his successor judge, creating an ongoing appearance of impropriety.