James A. Hodge v. State of Tennessee

This appeal involves a motorcycle rider who was seriously injured while crossing two heavy steel plates placed over the surface of a portion of a state highway that was under construction. The rider filed a claim with the Tennessee Claims Commission asserting that the front tire of his motorcycle became lodged in a gap between the two steel plates and that this gap was the dangerous condition that caused his injuries. Following a hearing, a claims commissioner dismissed the claim after concluding (1) that the rider had failed to prove that the State, rather than the highway contractor, was responsible for maintaining the steel plates, (2) that the rider had failed to prove that the State had notice of the gap between the plates, and (3) that the rider’s negligence exceeded that of the State. The motorcycle rider has appealed. We have determined that the claims commissioner erred by concluding that the State was not on notice of the dangerous condition on the highway and that the motorcycle rider’s negligence exceeded the State’s negligence.