Happoldt v. Kutscher, 567 SE2d 380 (2002)

Outcome: Successful - MSJ Granted & Affirmed on Appeal

Description: Motorist and estate of deceased passenger brought personal injury and wrongful death actions against county subdivision review officer and others, alleging that improper construction of roads led to vehicular collision.The State Court granted summary judgment for defendants. Plaintiffs appealed. The Court of Appeals, held (1) officer was not protected by official immunity; (2) officer breached duty; but (3) there was no causal relationship between officer's breach of ministerial duties and the road conditions alleged to have caused collision.