

Dudley v. Commissioner of Transportation

The plaintiff brought this action forward seeking damages for injuries sustained as a result of the defendant’s alleged negligence. The plaintiff sustained injuries while she was walking along a state highway and stepped on a defective manhole cover. When the plaintiff stepped on to the manhole cover, it flipped, causing her to lose her balance. As a result, the plaintiff fell into the manhole, causing her to sustain multiple injuries. In response to the plaintiff’s allegation, the defendant, the Commissioner of Transportation, filed a motion to dismiss, claiming that the plaintiff did not give them sufficient notice as the plaintiff’s complaint lacked necessary specifications. The defendant further claimed that the plaintiff was precluded from bringing this claim forward due to the doctrine of sovereign immunity. The trial court rejected the defendant’s motion to dismiss. The defendant appealed the decision of the trial court.