When an Outdated Design Finally Needs to be Put to Bed: The Government’s “State of the Art” Defense in Road Design Cases

Index

By Stephen R. Bough and M. Blake Heath

• Introduction
• I. Duty of the Missouri Highway and Transportation Commission
• II. Sovereign Immunity in Missouri
• III. The “State of the Art” Defense
  • A. Supreme Court Decisions
  • B. Court of Appeals decisions
• IV. Strategies for Addressing the “State of the Art” Defense
  • A. Finding the right standard
  • B. Policy Announcements by MHTC
  • C. Discovery Plan
  • D. Expert Witnesses
  • E. Missouri Department of Transportation Employees
  • F. Binding Arbitration
• V. Legislative Solution
• VI. Conclusion