McCluskey V. Handorff-Sherrman / 1994

The widow of a driver killed in a two-automobile collision brought survival and wrongful death actions against the State and the driver of the other automobile. A jury found in favor of the plaintiff, and the State appealed. The Court of Appeals affirmed. The Supreme Court held that: (1) statute providing procedure for allocating resources to highway projects did not create duty to highway users on part of State, and (2) exclusion of evidence on State’s limitations on funding for highway projects did not warrant reversal in light of argument that situation could have been remedied with signs.