South Carolina Court Affirms Jury’s Assignment of Fault to DOT in Drop-Off Crash Injury

A motorist suffered injuries when her car went out of control after encountering a drop-off when she left the paved roadway in a construction zone. The motorist sued the highway construction contractor and the South Carolina Department of Transportation (DOT). The jury found the DOT solely at fault. The DOT appealed, citing trial court errors. The appeals court agreed with the trial court, ruling that the construction company’s contract was ambiguous and the contractor’s indemnity bond did not exempt the DOT from liability.