A temporary unsecured drainage grate installed on a highway shoulder during highway construction was thrown from its roadway position when it was rolled over by a tractor-trailer during normal traffic operations. The grate flipped up and flew through the windshield of our client’s car, killing one and injuring the other. An investigation of the accident revealed several recent similar incidents prior to our client’s injuries of which the contractor had knowledge. These prior incidents formed the basis for a punitive damages claim that, along with compensatory damages, was awarded by a Lexington, Kentucky, jury after a week long trial in October, 2000.

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