Appeals Court Open Door to Liability

RALEIGH — The North Carolina Court of Appeals has overturned a ruling absolving the N.C. Department of Transportation of liability in the deaths of two women in a car crash on Interstate 85. The women’s estates had contended that the NCDOT should be held liable for not installing median barriers on I-85, something the agency did do, after four years of inaction, in response to the accident. In returning the case to the N.C. Industrial Commission for reconsideration, the appeals court required that it consider the risk of injury against cost and budget considerations to determine whether the NCDOT's actions were negligent.