When an Outdated Design Finally Needs to be Put to Bed:
The Government’s “State of the Art” Defense in Road Design Cases
IV. Strategies for Addressing the “State of the Art” Defense
E. Missouri Department of Transportation Employees
Plaintiff’s counsel should always depose an engineer from MHTC. The engineer will be able to provide similar information on the design standards, and he would also be able to provide information on the cost of updating the highway to current standards. The downside with forgoing an expert and relying solely on the testimony from an MHTC is that the plaintiff will have to deal with a hostile witness and she will lose the ability to consult with an engineer while sifting through the numerous documents produced by MHTC. MHTC’s employees may admit that a road is not in compliance with current standards, but will most likely deny that changes and updates to a roadway are modifications under Martin and Linton.
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