§ 985. Injuries from defective bridges and culverts
(a) If damage occurs to a person, or his or her property, by reason of the insufficiency
or want of repair of a bridge or culvert that the town is liable to keep in repair,
the person sustaining damage may recover in a civil action. If the damage accrues
in consequence of the insufficiency or want of repair of a bridge erected and maintained
by two or more towns, the action shall be brought against all the towns liable for
the repairs. The damage and costs shall be paid by the towns in the proportions in
which they are liable for the repairs. The court may issue execution against any
or all towns for their proportion only, provided that the liability to any town shall
not exceed $75,000.00 or, where insurance is carried, the maximum policy liability
limits, whichever sum is greater, on account of injury to or death of a person and
damage to his or her property.
(b) Towns and other corporations shall not be liable for damage to a person or his or
her property by reason of the insufficiency or want of repair of a bridge or culvert
while traveling on the highway or bridge in violation of the provisions of Title 23
regarding motor vehicle use. (Added 1985, No. 269 (Adj. Sess.), § 1.)
Sagar v. Warren Selectboard, 744 A.2d 422 (Vt. 1999). · cites it 2ד21, § 30, and (2) relief through county road commissioners and the superior court when a highway "is out of repair or unsafe for travel.”
Graham v. Town of Duxbury, 787 A.2d 1229 (Vt. 2001). · cites it 3דThe court rejected the Town’s claims that it was immune from liability under common law municipal or sovereign immunity, and that the Grahams failed to avail themselves of a statutory remedy under 19 V.S.A. § 985, which the Town contends governs their claim.”
Krull v. Town of Huntington (Vt. Super. Ct. 2017). “§ 514; (2) the limitation of damages under 19 V.S.A. § 985; and (3) the failure to provide notice under 19 V.”
Vt. Stat. Ann. tit. 19, § 985(a): 2 cases
Sagar v. Warren Selectboard, 744 A.2d 422 (Vt. 1999). “21, § 30, and (2) relief through county road commissioners and the superior court when a highway "is out of repair or unsafe for travel.”
Graham v. Town of Duxbury, 787 A.2d 1229 (Vt. 2001). “The court rejected the Town’s claims that it was immune from liability under common law municipal or sovereign immunity, and that the Grahams failed to avail themselves of a statutory remedy under 19 V.S.A. § 985, which the Town contends governs their claim.”
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