The South Dakota Supreme Court reversed part of a lower court’s ruling in a case involving construction on Highway 45 north of Platte.
Austin McGee sued the Department of Transportation in 2018. He claimed that a section of exposed tack on the road made him roll his vehicle. Tack coat is a liquid asphalt emulsion that is applied between layers of asphalt. The accident left him with serious injuries, including permanent paraplegia.
McGee alleged the DOT failed to implement required safety procedures, such as placing “Fresh Oil” signs or adding gravel to the tack for extra traction.
While the Supreme Court affirmed most of the circuit court’s decisions, it ultimately ordered a lower court to reconsider McGee’s claim that precautionary measures should have been taken to warn drivers.