Case Description - On February 20, 2003, a 59 year-old motorcycle rider was traveling westbound on U.S. 24 in Carroll County, near the city of DeWitt, Missouri when he encountered potholes, broken asphalt and dirt strewn across the highway. He struck a large pothole and lost control of his motorcycle, causing it to crash onto the highway and slide across the pavement. The rider suffered numerous injuries including fractures to the right ulna and clavicle, closed head trauma with concussion, contusions and abrasions to his head, mild lower back pain, lower extremity embolism and an abdominal aortic aneurysm. Eventually the rider had his foot amputated.

The contractor had a duty to maintain the roadway and the Missouri Highway and Transportation Commission had a duty to oversee their contractor.

Both failed in their respective duties. The contractor left the project during the winter months and did not maintain the highway as directed by MoDot.

A personal injury lawsuit was filed and the defendants settled at mediation.