Alabama House Bill to give Road Contractors Immunity

Tedford Taylor

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Members of the Alabama House of Representatives seek to introduce HB 382 which would give total civil immunity to road contractors working on state projects within the specifications of the contract. If passed, this bill would provide that a contractor performing highway, road, or street repairs, construction or maintenance is not liable for damage or injury resulting therefrom despite the existence of negligence or notice of a dangerous condtion.

Last Friday, a Bullock County jury returned a verdict in the amount of $10 million for the Plaintiff, represented by Taylor & Taylor, against APAC, the Defendant road contractor. Attorneys for the Plaintiff proved that APAC created a dangerous "dip" on Highway 110 near Fitzpatrick Aalabama, APAC knew of the dangerous condition from other similar incidents, APAC did not fix the condition, and ultimately caused a wreck whereby Plaintiff's decedant was killed. Attorneys for Plaintiff argued against APAC's position that a dangerous condition did not exist and ultimately proved the condition did exist and was repaired soon after the fatal crash; despite APAC's continued denial throughout the trial of any subsequent repairs.

If HB 382 passes into law, egregious corporate conduct by road contractors will continue unfettered, placing the public at risk on the roadway.