Under a contract with the city, a construction company was performing sewer and water main construction along a main road. When a sheriff’s deputy was responding to a burglar alarm in the area, he drove into the construction zone. His squad car struck a gravel pile in the construction zone, causing the car to overturn. The deputy was killed in the crash.
Seeking damages for wrongful death, the deputy’s widow claims the crash was the result of negligence on the part of the construction company for failing to provide adequate barriers and warning signs. The construction company counters that the crash was the result of negligence on the deceased deputy’s part because he was traveling at an unsafe speed and that he knew or should have known of the potential hazards within the construction zone. The jury will be asked to assign liability.