Summary Judgment Reversed after Alabama Court Review in Construction Site Drop-Off Case

A tanker truck driver received injuries when the truck he was driving overturned because its front wheel dropped off the pavement onto a low shoulder in a construction area. The driver and his employer sued the highway construction company, claiming a failure to place “low shoulder” warning signs along the construction site. The trial court granted the company’s motion for summary judgment. The appeals court reversed, ruling an issue of material fact existed as to whether the construction company failed to adequately warn.