Hays v. Bayliss

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding decision to place or not to place guardrail on a roadway is an immune discretionary function
• although decision whether or where to place guardrail on a State highway falls within discretionary immunity, State not immune for failure of State worker to install specific guardrail
• decided under the discretionary function exception to the State’s waiver of sovereign immunity
• while decision whether or where to place a guardrail falls within discretionary function, the State was not immune from suit for a failure of a state worker to install a specific guardrail
• ‘We do not doubt that the decision to place or not to place a guardrail on a roadway is conduct characterized by the high degree of discretion and judgment involved in weighing alternatives and making choices with respect to public policy and planning.” (quotation omitted)
• decision of whether to place guardrails is discretionary function

Source: CourtListener parenthetical corpus (CC0).