When an Outdated Design Finally Needs to be Put to Bed:
The Government’s “State of the Art” Defense in Road Design Cases
IV. Strategies for Addressing the “State of the Art” Defense
Based on Martin and Linton, a plaintiff can overcome the “state of the art” defense by showing that MHTC has modified the highway or road subsequent to 1977. As with any case, the key to successfully overcoming the “state of the art” defense is a well thought out discovery plan. Below are suggestions on the type of discovery, from depositions to requests for production of documents, that an injured motorist should consider when pursuing a claim for negligent design against MHTC.
B. Court of Appeals Decisions
A. Finding the right standard
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