Roadway Defects and Tort Liability.John C. Glennon Lawyers & Judges Publishing co. P.O. Box 30040 Tucson, AZ 85751-0040 544 pp., $108.90 Reviewed by Martin Blake Author John Glennon, an engineer, hopes that Roadway Defects and Tort Liability will provide a toolbox See toolkit and toolbar. not only for lawyers responsible for representing consumers injured in·jure tr.v. in·jured, in·jur·ing, in·jures 1. To cause physical harm to; hurt. 2. To cause damage to; impair. 3. on the road but also for roadway agencies. Glennon has provided an array of practical, scientific tools that can pry open even the most difficult highway safety and general auto cases. After an introduction to roadway safety and tort liability, the book focuses on nine major topics: roadway hazards, sight distance obstructions, skid resistance and hydroplaning Hydroplaning and hydroplane may refer to:
Most chapters cover common topics, including prevailing and historical standards, accident circumstances, elements of hazard, technical aspects of roadway defects cases, typical defense arguments, rules of thumb, and key references. Although some of the material is repeated from chapter to chapter, the "stand alone" sufficiency of each chapter is helpful to lawyers who wish to review only topics that are strictly pertinent to their cases. The book is written in a simple, clear style and makes good use of topic headings to guide the narrative path. Though the subject matter is technical, the clarity of the format ensures that even an inexperienced in·ex·pe·ri·ence n. 1. Lack of experience. 2. Lack of the knowledge gained from experience. in attorney will easily comprehend the information. One of the most appealing features of this book is the excellent use of diagrams, charts, tables, and highlighted text. These devices are used extensively and are highly effective in explaining and illustrating the author's points. So, too, are the photographs, which are used judiciously ju·di·cious adj. Having or exhibiting sound judgment; prudent. [From French judicieux, from Latin i . This book is written by someone with a clear command of the subject matter. Glennon has been involved in the evaluation of highway design standards Design standards Specifications of materials, physical measurements, processes, performance of products, and characteristics of services rendered. Design standards may be established by individual manufacturers, trade associations, and national or for many years. His ability to give both a historical perspective and objective evaluation to sometimes difficult or confusing issues is a major asset to the reader. At the same time, his litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. experience informs his perceptions. Despite its title, this book does not examine strictly legal issues in depth, and the author makes it clear that his perspective is only that of an engineer. Still, in a book aimed at lawyers we must hold him accountable for even technical misstatements. Thus, his statement that roadway agencies have "a common law and court-imposed duty to operate public roadways in a safe condition . . ." is not merely redundant, but less than accurate. The common law duty is court-imposed, and in some states the duty of a public highway authority is exclusively statutory. This distinction is critical to the practitioner, since statutes governing highway defects have typically abrogated the common law and are a hidden minefield for those approaching the subject with a common law perspective. On the other hand, the book also has unexpected virtues. Some topics provide considerable assistance to the attorney who is handling cases other than those involving highway defects. For example, the chapters on stopping sight distances Stopping sight distance is a term used in highway design. It is defined as "the length of roadway ahead visible to the driver."[1] Sight distance , slippery pavements, and traffic control devices provide invaluable engineering information for all sorts of automobile cases. An attorney who reads these chapters will look twice at police and investigator's reports that all too readily ascribe as·cribe tr.v. as·cribed, as·crib·ing, as·cribes 1. To attribute to a specified cause, source, or origin: "Other people ascribe his exclusion from the canon to an unsubtle form of racism" fault based on oversimplified o·ver·sim·pli·fy v. o·ver·sim·pli·fied, o·ver·sim·pli·fy·ing, o·ver·sim·pli·fies v.tr. To simplify to the point of causing misrepresentation, misconception, or error. v.intr. conclusions. These chapters emphasize how important it is to view an accident scene in person. Although one might suspect that an engineer might leave out important considerations of human factors in roadway safety evaluation, the analysis of these factors is a strong point of the book. This analysis explains why the typical defense over simplifications about an accident being exclusively the fault of an injured plaintiff are wrong. In short, this book provides powerful arguments for consumer advocates to draw on to ensure justice for our clients. Martin Blake is a partner with Baum & Blake in San Francisco San Francisco (săn frănsĭs`kō), city (1990 pop. 723,959), coextensive with San Francisco co., W Calif., on the tip of a peninsula between the Pacific Ocean and San Francisco Bay, which are connected by the strait known as the Golden . |
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