Berven

Facts At Trial The collision occurred at the T-intersection of Tracy Boulevard and Howard Road. Howard Road runs east-west and dead ends into Tracy Boulevard, which runs north- south. Just before the intersection, Howard Road widens so there is room for two westbound lanes. Earlier in the day before the collision, Gargan and his work partner, Billy Joe Hedrick, had partially painted traffic control devices on Howard Road close to where it intersects Tracy Boulevard. They had painted the word “STOP” in the westbound lane and had painted a portion of the stop bar limit line directly in front of the word “STOP.” These “pavement markings” are considered “traffic control devices.” Gargan considered his work zone to be the intersections where he was doing the work.

After this painting, Gargan drove the work truck away from the intersection, and he and Hedrick ate lunch.

2 After finishing lunch, Gargan began driving the work truck and Hedrick back to the intersection to complete their work, which included checking whether the paint was dry, painting the remaining portion of the stop bar limit line, and picking up the cones. As Gargan drove the work truck northbound on Tracy Boulevard…