Daily Decisions: Discretionary Immunity for Highway Safety

In Avellandeda v. State of Washington (Division 2, March 27, 2012), the Court of Appeals held that the State was entitled for discretionary immunity in connection with its decision whether (and when) to install a barrier on the State Route 512 median.  The Department of Transportation (“DOT”) had set a low priority for the installation of a barrier at the median.  With no barrier, the plaintiffs were seriously injured when two cars crossed the median, with one car striking the plaintiffs.  They then sued the State. Continue reading