The Estate of Aloysius Klink, by Its Special Administratrix, Hildegard T. Klink; Dania M. Klink, a Minor, By…

Summary

The court vacated the judgment for the State and held that the State breached its duty to maintain the highway and adequately warn motorists of a known water hazard. The court concluded that the State had sufficient notice of the hazard, failed to take timely reasonable mitigation measures, and provided a warning inadequate to convey the danger's severity. It also held that the State's breach was a substantial factor and legal cause of Klink's death, leaving damages for trial.